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What County Must I Have My Attorney File in to Open a Florida Guardianship?

Your elderly parent, unfortunately, is in need of a legal Guardian to be appointed and must have a Florida Guardianship established. For years your Mother has lived in the marital home she owned with your Father in Seminole County, Florida. Your Father who was responsible for and handled their financial matters recently passed away.  Your Mother has had some medical setbacks and will be a temporary resident in a rehabilitation facility in Orange County, Florida.

In the above situation, after you have consulted with an experienced and knowledgeable Florida Guardianship Attorney, the attorney will help you determine which Florida County is proper to file the initial legal pleadings to determine your Mother’s level of capacity, possibly appoint an Emergency Temporary Guardian (ETG), and appoint a permanent guardian. Since the rehabilitation stay in Orange County, Florida is only temporary, and your Mother’s permanent residence, at the time of filing, is her home in Seminole County, Florida, the guardianship will be initiated by filing the initial legal pleadings in Seminole County, Florida.

Determining the correct county in which to file is very important. If you file in the wrong county, the Clerk will reject your pleadings and you will have to refile in the appropriate county utilizing additional time, additional expenses, and creating delay in obtaining the critical authority to assist your Mother.  This situation must be avoided.

Additionally, in an involuntary guardianship, often each county has a list of Examining Committee Members in which the Court will appoint a panel of three members to examine your Mother, and make a recommendation as to her level of capacity. In addition, each county has a list of Court Appointed Attorneys for the alleged incapacitated person (A.I.P.), your Mother, that the Court will appoint to represent your Mother in the initial stages of the Guardianship proceedings. A list is utilized for example in Seminole County and Orange County. Each county has a list that is specific to that particular county. Some counties require you to obtain your own examining committee members and the court-appointed attorney, such as Volusia County, Florida. So these are additional reasons that it is critical to file in the correct county.

Suppose your Mother will never be returning to live in her house in Seminole County, Florida, and she is in an assisted living facility in Orange County. Remember you file in the county where the A.I.P. resides permanently at the time of filing. Therefore, if your Mother will be residing in Orange County and not Seminole County, the Orange County Court will be the proper county to file in. The Orange County, Florida Court will appoint the Examining Committee Members and Court Appointed Attorney from the Orange County list.

Now suppose the Guardianship is established in Orange County, Florida, and a year later, your Mother will move from Orange County, Florida to Seminole County, Florida. Since Orange County and Seminole County are contiguous, that is connected counties, you do not need Court authorization to move your Mother. You will only need to notify the Orange County Court of the move, and may need to transfer the Guardianship to Seminole County, Florida. However, if the new residence is a more restrictive environment, such as from an assisted living facility to a skilled nursing facility, you will need to obtain the Court’s authorization prior to moving your Mother into the more restrictive residential facility.  

Suppose you would like to move your Mother from Orange County, Florida to Volusia County, Florida, a non-contiguous, that is not a connected county. In this type of situation, you would need to obtain a Court Order Authorizing the relocation of your Mother and the transfer of the Guardianship from Orange County, Florida to Volusia County, Florida.

These situations are very important and must be handled correctly. This is why it is critical that you hire an experienced and knowledgeable Florida Guardianship Attorney to represent you.

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.