What Happens When the Ward Dies in an Orlando Area Guardianship Case?
- May 24, 2022
- ontarget
- Guardianship
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What happens when a ward dies in an Orlando, Florida area Guardianship case? First, you must file a death certificate without the cause of death with the court. Once that is done, you can submit an order to the court to discharge the Guardian of the Person. Termination of Guardianship can be found in Florida Statute 744.521.
Final Inventory and Distribution
For the Guardian of the Property to be discharged, there must be a Final Inventory and Distribution filed with the court. The Guardian of the Property does an accounting from the date of the last accounting to the date of death. The final report to the court should be done promptly. The Guardian of the Property may retain from funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees.
Order of Discharge
Florida Statute 744.531 deals with Order of Discharge. If the court is satisfied that the guardian has faithfully discharged her or his duties, has rendered a complete and accurate final report, and in the case of a guardian of the property, has delivered the property of the ward to the person entitled, and that interest of the ward is protected, the court shall enter an order of discharge. The discharge shall operate as a release from the duties of the guardianship and as a bar to any action against the guardian and or the guardian’s surety unless the action is commenced within 3 years after the date of the order.
Unclaimed Funds
If the guardian has unclaimed funds, then the disposition of the unclaimed funds is explained in Florida Statute 744.534. If the property in the hands of the guardian cannot be distributed to the ward’s estate solely because the guardian is unable to locate the ward through diligent search, the court shall order the guardian of the property to sell the property of the ward and deposit the proceeds and cash with the clerk of court exercising jurisdiction over the guardianship and receive a receipt.
Information on the role and duties of a Guardian of the Person and a Guardian of the Property can be found in Florida Statute 744. That is the Florida Statute that explains the working of a guardianship in the State of Florida.
If you have more questions regarding a Guardianship Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.