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Relocation and Florida Guardianship: When Can You Relocate a Ward to Another County?

Pursuant to Florida Statute 744.1098(1), a Guardian may not, without Court approval, change the residence of the ward (the Court adjudicated incapacitated person) from this state to another, or from one county of this state to another county of this state. It further states that unless such county is adjacent to the county of the ward’s current residence, a guardian who wishes to remove the ward from the ward’s current county of residence to another county must obtain Court approval prior to moving the Ward.

Pursuant to Florida Statute 744.1098(2) any guardian who wishes to remove the ward from the ward’s current county of residence to another county adjacent to the ward’s county of residence shall notify the Court having jurisdiction of the guardianship within 15 days after relocation of the ward. Such notice shall state the compelling reasons for relocation of the ward and how long the guardian expects the ward to remain in such other county.

When choosing to move the Ward from one county to another county within the State of Florida, it is important to remember that if you are moving between two adjacent counties or connecting counties, you may move the Ward and notify the Court after the fact. What does this mean for your Florida Guardianship? If the Ward for example currently resides in Seminole County, you have the option of moving the Ward to an adjacent county such as Orange, Volusia, Brevard, or Lake Counties, as each of these counties are adjacent to Seminole County. After moving the Ward, you would file a Notice of Change of Ward’s Address with the Court. You will need to make sure that you provide all the statutorily required information to the Court. An experienced and knowledgeable Guardianship Attorney can assist you with this task.

However, if you are moving the Ward to a non-adjacent county, meaning the two counties are not connected, you must first obtain the Court’s authorization and permission for the Ward to be relocated. For example, if you are planning to move the Ward from Brevard County to Lake County, these are non-adjacent counties and the move would require Court authorization and approval. Your attorney would file a Petition for Authorization for Relocation of the Ward. You would have to set forth in the Petition, the reasons for the relocation and the facts that support the relocation as being in the Ward’s best interest. In some cases, the Court will require a hearing, and you will have to notify all interested parties of the Petition and hearing.  Again, you will need to make sure that you provide all the statutorily required information to the Court. You want to make sure that you provide the Court with all the information and facts that they will need to ensure that your Petition for Relocation is granted. An experienced and knowledgeable Guardianship Attorney can assist you with this matter.

When deciding whether to grant approval, the Court will consider the reason for such relocation and the longevity of such relocation. You will need to provide the Court with the information necessary to make an informed decision as to whether the move is in the Ward’s best interest.  The Court will usually look at whether the move is permanent or temporary, whether there is any opposition to the relocation, whether the relocation is harmful to the Ward’s interest, and the reasons that the Ward is being moved. Perhaps you have located a better facility that specializes in treating the Ward’s particular mental or physical disability, or perhaps the move is to have the Ward closer to family and friends.  Typically if the relocation is in the Ward’s best interest, and there is no opposition to the relocation, the Court will approve the move.

There are some instances in which the Court may regard the relocation is not in the Ward’s best interest. Perhaps the move is farther from the Ward’s family and friends, or the new facility is more costly and the Ward has limited funds.

Transferring a guardianship can be a complicated process and requires an experienced guardianship attorney to ensure the transfer occurs properly. 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.