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Who is Considered to be an Interested Person When Petitioning for A Florida Guardianship?

Whenever you request a Florida court to appoint you as a Guardian, whether it be Guardian of a minor child or an adult, Florida Law requires that you properly notify anyone that is considered an interested person under Florida Law of the proceedings. This gives the interested person or persons a chance to participate in the proceedings prior to the Judge making a decision regarding the appointment of you as Guardian.

Florida Statute 731.201(23) defines an interested person as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved”.

So who does the court deem to be an interested person?  Florida law is rather broad and considers the following person or persons over the age of fourteen (14) to be interested persons:

• A spouse of the alleged incapacitated person.
• Mother of the alleged incapacitated person.
• Father of the alleged incapacitated person.
• Maternal and/or Paternal Grandmother of the alleged incapacitated person.
• Maternal and/or Paternal Grandfather of the alleged incapacitated person.
• Brothers of the alleged incapacitated person.
• Sisters of the alleged incapacitated person.
• Children of the alleged incapacitated person.
• Grandchildren of the alleged incapacitated person.
• Any person who has physical custody of the alleged incapacitated person.
• Any person or officer of a care provider who has the care, custody, or control of the alleged incapacitated person.

You may think that some relatives do not need to be notified because they have not been actively involved in the alleged incapacitated person’s life.  For example, if a child has been raised by one side of the family, they may think the other side of the family does not need to know about a proposed guardianship. However, that is not accurate. Even if family members have been absent or uninvolved in the alleged incapacitated person’s life, you are still required under Florida law to notify them about any proposed guardianship. Failure to properly notify interested persons as required by Florida law will likely delay the court proceedings and potentially hinder your appointment as guardian.

Any person considered to be an interested person under Florida Law must be served with a copy of the Petition for Appointment of Guardian, Petition to Determine Incapacity and Notice of Petition to Determine Incapacity and Notice of Petition to Appoint a Guardian.

If you do not know where to find some of the relatives, you can request the court’s permission to serve them by publishing a notice in a newspaper.  You may also want to utilize appropriate internet search sites or hire a private investigator.

Florida requires that any person applying to become a Guardian of an incapacitated person be represented by an attorney. The only potential exception is if you are seeking to be appointed a Guardian Advocate in a Petition to Appoint a Guardian Advocate in a Guardian Advocacy proceeding. Applying to be a Florida Guardian can be a very complicated process. If you are considering applying to be a Florida Guardian, it is important that you completely understand the process and procedures. It is important that you retain a knowledgeable and experienced Florida Guardianship Attorney to assist you in these matters.

If you have any questions, or would like to further discuss this, or other Guardianship or Probate Administration matters please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7600, 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.