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Florida Guardianship and Annual Reporting: What You Need to Know

A Guardian has been named the Florida Guardian of your loved one. Now what?  Pursuant to Florida Statute 744.367 and Florida Statute 744.3675, a Guardian has the duty to file annual guardianship reports. Typically, each Guardian of the property pursuant to Florida Statute 744.367 must file an annual accounting; and each Guardian of the person pursuant to Florida Statute 744.3675 must file an annual guardianship plan within ninety (90) days after the last day of the anniversary month that the letters of guardianship were signed. For example, if your Letters of Guardianship were issued on March 16, your annual reports would be due on or before June 30 of every year.  There are some exceptions to that rule, such as a court order requiring a different reporting period.

Florida Statutes require Guardians to submit annual reports to the court in order to ensure the Guardian is acting in accordance with the law and applicable Court Orders. These reports allow the Court to supervise the affairs of the Ward (the incapacitated person) and to monitor the actions of the Guardian. A Guardian’s failure to comply with the reporting requirement may result in the Guardian having to appear before the court to explain their actions, and failure to properly fulfill their fiduciary duties. This failure may also result in sanctions being filed against the Guardian. Possible sanctions may include removal as the Guardian, or any other action that the Court may deem to be appropriate. As a Guardian, it is important to obtain the assistance of an experienced and knowledgeable Florida Guardianship Attorney to determine what duties the local Court may require and that you follow the applicable rules and law.

Now that you have the timeframe for when the reports are due and the purpose of the reports, you need to understand what information you are required to provide and to include in your report.  As stated above, there are two (2) types of annual reports: the Annual Accounting and the Annual Plan.

Annual Accounting of Guardian of the Property:
The accounting sets forth a detailed accounting of how the Guardian has utilized the Ward’s assets for the benefit of the Ward for the previous year. The Guardian provides detailed information showing what the Ward’s assets have purchased and, how the assets were sold, invested, and utilized on behalf of the Ward. Also, the Guardian must provide what assets came into the Guardianship, including dividends and interest. The Guardian will be required to provide documentation to substantiate the amounts set forth in the report. These may include:

• Checking and Savings Account Statements.
• Statements of Certificates of Deposit.
• Invoices.
• Canceled Checks.
• Investment and other financial Account Statements.
• Itemizing Receipts.
• Itemizing Disbursements.

Annual Plan of Guardian of the Person:
The annual plan or report must include a physician’s report detailing the Ward’s current mental and physical conditions and whether in the physician’s opinion a guardianship is still necessary for the benefit and well-being of the Ward. The Physician’s report must have been completed within ninety (90) days of the filing of the annual plan.  The report must contain a plan detailing the medical treatment and personal care that the Ward received over the previous year and the Ward’s residential information; as well as an outline of the plan for the Ward’s medical and personal care for the year ahead and residential setting. The plan must include information regarding the Ward’s activities, social environment, and medical appointments and what efforts the Guardian has instituted to improve and maintain the Ward’s well-being and quality of life.

The Florida Guardian must always act in the best interest of the Ward. All efforts must be made to treat the Ward with respect and dignity, as all life is precious including those who may have cognitive and physical limitations and challenges. You should obtain the services of an experienced and knowledgeable Florida Guardianship attorney who will assist you to accomplish these goals.

If you have any questions regarding this issue, 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.