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When Does a Court Approved Guardian Need Court Approval to Move A Florida Ward?

Pursuant to Florida Statute §744.1098 (formerly 744.2025), you are required to obtain Court approval prior to changing a Ward’s residence when you are changing the residence from the state of Florida to another state; from Florida to a Foreign Country or Territory; or from one county of Florida to another county of Florida that are not geographically adjacent to each other. However, in the event that the county you are moving the Ward to is adjacent to the county of the Ward’s current residence, prior Court approval is not necessary.  You must still file a Notice to the Court of the Ward’s new address, telephone number, if applicable, and the name of the new facility or hospital.

When moving the Ward’s current county of residence to another county adjacent to the ward’s county of residence, the Guardian is required to notify the Court having jurisdiction of the guardianship within fifteen (15) days after the relocation of the Ward. The notice should state the reasons for relocation of the Ward and should state how long the guardian expects the ward to remain in the other county. This also may apply to a relocation for an extended rehabilitation or hospital placement.

Typically, in determining whether to grant its approval, the Court will, at a minimum, consider the reason for the relocation, the longevity of relocation, whether the move is in the Ward’s best interest, and whether there is less restrictive alternative.   

Pursuant to Florida Statute §744.3215(4), you cannot move a Ward, without first obtaining specific authority from the court, as decreed in Florida Statute §744.3725 (Procedure for Extraordinary Activity) from their residence to a facility, institution, or licensed service provider without petitioning the court through a formal placement proceeding.  This applies, for example to Florida Chapter 393 (Developmental Disability) Florida Statutes Chapter 394 or Chapter 397. You must first petition the Court prior to such placement.

Perhaps your Father is currently residing in an Assisted Living Facility, but needs a greater level of care, such as a memory unit, that a Skilled Nursing Facility would provide. If you are the Guardian, you cannot unilaterally make the decision to move your Father to the more restrictive Skilled Nursing Facility without obtaining prior court authorization. The law requires that when a Ward’s rights are going to be more restricted, that you obtain court approval prior to making any move to the more restricted facility.

When relocating the Ward to another state, you will need to coordinate with the attorney in that state to be certain they are taking the appropriate steps to transfer the guardianship from Florida to that state. You will need to also coordinate with the appropriate Clerk of Court to be certain the proper administrative process takes place.

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.