Guardianships

ص In order to start a guardianship, you must obtain an attorney who is authorized to record documents with the circuit court in Florida.

ص A guardian is chosen to exercise the lawful rights of an incapacitated person also called the ward.

ص A petition to determine another person’s incapacity may be filed within the court of law by any adult.

ص Before an adult is deemed to be incapacitated, an examining committee must inspect them and file a report with the court. Children are considered incapacitated until they reach the age of 18 years.

ص Any adult resident of Florida, or a close relative of the ward who does not live in Florida, may serve as the guardian. However, this excludes persons who have been convicted of a felony or who are considered incapable due to other problems.

ص Institutions can be appointed guardian; however, a bank trust department may only act as guardian of the property.

ص A guardian of the property must file an inventory of the property, invest in it wisely, use it for the ward’s care and support, and account for it by filing detailed annual reports with the court. Financial transactions must be approved by the court.

ص Guardians are accountable for properly managing assets and ensuring that the Ward’s needs are being met. Guardians who do not properly carry out their duties may be removed by the Court.

ص If a person recovers from their incapacitation, the court will have them re-examined and may restore some or all of their rights.

If you would like to schedule a consultation with our law office please be aware that our standard fee is $200.00 for either an in-office consultation or a phone consultation.

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The information you obtain at this site is not, nor intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established by the signing of a Retainer Agreement by you and the attorney.