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What Happens in a Florida Guardianship When the Ward dies?

It is important for every Guardian to understand the processes that must occur in order for the termination of your role as Guardian, and the management of the Wards last affairs when the Ward dies. An experienced and knowledgeable Florida Guardianship attorney can assist you in taking the correct legal steps towards discharging you as Guardian.

Upon the Ward’s passing, your duties as Guardian are not immediately terminated. You must be discharged through Court proceedings. There are specific legal requirements that must be followed and documents that must be filed in order for the Court to fully discharge you as the Guardian. 

If you are a guardian of the person exclusively, the Court typically will discharge you without a hearing, upon the filing of a Petition for Discharge, a copy of the Ward’s death certificate, and a proposed Order of Discharge. An experienced and knowledgeable Florida Guardianship attorney can assist you in taking the correct legal steps towards discharging you as Guardian.

However, if you are the Guardian of the person and property, or Guardian of just the property, you will need to file a Petition for Discharge of Guardian of the Property.  Additionally, you will need to file a Final Accounting and a Final Report with the Court. You will need to serve a copy of the final accounting and final report on the Ward’s next of kin. This is best to do as soon as possible after the Ward’s death.  Typically, any assets remaining in the Guardianship at the time of the Ward’s death will be transferred to the Ward’s estate, and will go through the Probate process accordingly. An experienced and knowledgeable Guardianship attorney can assist and advise you as to the legal requirements for your situation.

The Florida Statutes and Florida Probate Rules mandate that a Final Accounting and Final Report be filed within forty-five (45) days after you have been served with Letters of Administration, Order of Summary Administration, or Letters of Curatorship. Pursuant to Florida Probate Rule 5.680, the Final Report must include a detailed summary of receipts, disbursements, amounts reserved for unpaid and anticipated disbursements, costs, fees, other financial information from the date of the previous annual accounting, and a list of assets to be turned over to the estate, or person entitled to them.  Fees and costs include those to be paid to you as the Guardian, your attorney, and any other agency employed to manage the Ward’s assets and other matters. For example, a CPA or home health care nurse. An experienced and knowledgeable Guardianship attorney can assist you in preparing the legally required documents.

Pursuant to Florida Statutes the Petition for Discharge and Final Accounting must be served on the Ward’s next of kin and are subject to objections. You must serve a copy of each document on the Personal Representative or known next of kin. The parties that you serve have thirty (30) days to file objections to your petition and final accounting.  Anyone filing objections may request that a hearing be set on those objections. Any party filing an objection, has the burden of proof. Once all objections have been resolved, and you have paid all persons legally entitled to payment, you have faithfully discharged your duties as the Guardian. The Court will typically grant your Petition for Discharge and enter an Order of Discharge, thus reliving you of you Guardianship duties, and terminating the Guardianship. This process can be complicated depending on the Ward’s assets and estate. An experienced and knowledgeable Guardianship attorney can assist you in preparing the legally required documents.

Though death of a Ward is grounds for termination of a Guardianship, your duties are not immediately discharged at the time of death. There are specific legal actions that must be taken, depending on the nature of the Guardianship, and the circumstances surrounding the death of the Ward.  This is not a complete list of every aspect of discharging you as the Guardian. There are other legal steps that must be taken between the Ward’s death and the Discharge of you as Guardian.

This process can be confusing and stressful. 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.