Blog

Who Can be a Guardian in Florida?

Florida Statute Chapter 744 defines a Guardian as a person appointed by the court to exercise all delegable legal rights and powers of the Ward after the court makes a finding of incapacity. A Florida Guardian typically will be granted the authority to make the healthcare and financial decisions for the Ward. The Ward is the person to whom the court has appointed a Florida Guardian because he or she is deemed incapacitated and therefore unable to make decisions regarding his or her healthcare, financial matters, and social environment.

Once a determination is made that a guardianship is necessary, the next step is to determine who will petition to serve as the Guardian. Florida Statue 744.309 sets forth the requirements regarding who may or may not serve as a Florida Guardian for an incapacitated person.  You must be a resident of the state of Florida and eighteen (18) years of age or older. Or, if you are not a Florida resident you must be a lineal relative of the Ward, related through blood or adoption as a brother, sister, uncle, aunt, niece or nephew. If you are not a resident of Florida or a lineal relative, you can still serve if you are the spouse of the Ward, or the spouse of a person who is qualified as a lineal relative to serve as a guardian of the Ward.

However, even if you meet one of the aforementioned requirements, you may not serve as Guardian if you have been convicted of a felony; if an incapacity or illness prevents you from being able to perform the duties of a Guardian; or a court has found that you have committed, abuse, abandonment, or neglect against a minor.

In the event that there is no relative or spouse qualified to serve as Guardian, the court may appoint a Professional Guardian, a friend, or a health care provider to act as the Guardian of the Person and/or property; and a financial institution such as a trust company, a bank, a nonprofit corporate guardian, or a for-profit corporate guardian to serve as the court appointed Florida Guardian of the Property.

All proposed non-corporate Florida Guardians must submit to a level 2 criminal background screening at their own expense, which typically is later reimbursed from Guardianship funds.  They will be responsible for contacting the appropriate agency and to make arrangements for the level 2 criminal background screening. This screening includes fingerprinting. There is also a background credit screening.

After being appointed, the Guardian will also be required to complete eight hours of guardianship instruction and education within four months of appointment. The training must be completed through a course approved by the chief judge of the circuit court of the county in which the Guardianship is being filed.

There also are various requirements for Court filings that must be complied with appropriately and within the court required filing deadlines. For example, there are strict requirements regarding the preparation and timely filing of the Initial Plan of the Guardian of the Person and the Initial Inventory of the Guardian of the Property. This is one of the many reasons you should hire an experienced and knowledgeable Florida Guardianship Attorney to assist and represent you.

A Guardian, according to Florida Law must be represented by an attorney licensed to practice in the State of Florida. An exception to this rule, is that a Guardian in a Guardian Advocacy may represent themselves and petition the court without utilizing an attorney.

Florida requires that any person or institution applying to become a Guardian of an incapacitate person be represented by an attorney.  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.