Blog

Can A Florida Guardianship be Terminated?

A Florida Guardianship can be terminated under the provisions set forth in Florida Statute 744.521 and Florida Statute 744.524.

• Ward has become sui juris or has been completely restored to capacity
• Ward has had all rights fully restored
• Ward has died

When a Ward has become sui juris or been restored to capacity, it means that they have been deemed to have full legal capacity to act on their own behalf. This usually occurs upon the filing of a Suggestion of Capacity. A Suggestion of Capacity requests that the court restore the Wards full rights. Upon filing of a Suggestion of Capacity, the Court will assign a physician to conduct a mental examination of the Ward and make a recommendation as to the Ward’s capacity. If the examiner finds the Ward to have full and complete mental capacity, a recommendation will be made for the termination of the Guardianship and full restoration of rights to the Ward. The Court will then enter an Order Restoring the Ward’s rights.

A Guardianship is also terminated upon the death of the Ward. The Guardian must file a Petition for Discharge with a copy of the Ward’s Death Certificate. The court will terminate the Guardianship of the Person immediately upon the filing of the Petition. However, the Guardian of the Property must file additional documentation before being discharged. A final accounting, final report, and proposed distribution of the remaining Guardianship property are just a few of those documents. The Guardian must advise the court as to what assets remain in the Guardianship and how those assets are to be distributed.  Typically, any Guardianship assets remaining after the death of the Ward will be distributed to the estate of the Ward and be distributed from the estate in accordance with the Ward’s Will, or Florida Intestate Succession laws in the event that the Ward did not have a valid Will.

A Guardianship can also be terminated pursuant to Florida Statute 744.524, when the Ward’s domiciliary residence changes. Typically, when a Ward is changing domiciliary, for example, from Florida to Arizona, the current court (Florida) no longer has jurisdiction over the Guardianship.  The Guardian will petition the new domiciliary (Arizona) court to accept the transfer of the Florida Guardianship to the state of Arizona and appoint them as Guardian in Arizona. The foreign court (Arizona) having jurisdiction over the Ward at the Ward’s new domicile will enter an order accepting the transfer from Florida and appointing a Guardian to act in the state of Arizona.

A Guardianship of the property may be terminated, when the property subject to the Guardianship has been exhausted. Therefore, the reason for the Guardianship of the Property no longer exists. If the funds have been exhausted, for example by caring for the Ward, the court may terminate the Guardianship of the Property.  However, a Petition must be filed to terminate the Guardianship of the Property and to obtain the appropriate Court Order. Thereafter, the Guardian of the Property will file a Final Accounting and obtain a Court Order approving the Final Accounting and Court Order Discharging the Guardian of the Property.

A Guardianship of a minor’s property is typically terminated upon the minor reaching the age of majority. In Florida, the age of majority is eighteen (18) years old. Once the minor reaches the age of majority, they are legally able to manage and control their money that is in the Guardianship. The Guardianship would be terminated upon the distribution of the funds to the Ward (the former minor), pursuant to the Guardian filing the appropriate Petition and obtaining the appropriate Court Order Discharging the Guardian and authorizing distribution to the former minor.

For assistance regarding these issues or other Guardianship and Probate, matters please contact Ann Marie, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620, and visit my website at www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.