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How Can A Guardian Help A Ward Whose Property Has Been Transferred in the Orlando, Florida Area 

The way a Guardian can help a Ward whose property has been transferred in the Orlando, Florida area is as follows. The guardianship court may authorize a guardian to take possession of pre-guardianship assets of a Ward. Section 744.361(12) provides:   

The guardian, if authorized by the court, shall take possession of all of the Ward’s property and of rents, income, issues, and profits from it, whether accruing before or after the guardian’s appointment and of proceeds arising from the sale, lease, or mortgage of the property or of any part. All of the property and the rents, income, issues, and profits from it are assets in the hands of the guardian for the payment of debts, taxes, claims, charges, and expenses of the Guardianship and for the care, support maintenance, and education of the ward or the ward’s dependents, as provided for under the terms of the guardianship plan or by law. 

744.361(12), Florida Statute (2021), has been construed as allowing the guardianship court to authorize the guardian to pursue on the ward’s behalf, the rescission of a pre-guardianship transaction. This can be accomplished by the guardian seeking authority from the guardianship court to file an independent legal action pursuant to section 744.441(1)(k). If the guardian needs to take action to preserve the property of a ward, it is appropriate to file a cause of action with the guardianship court’s approval. 

Even if the property transaction has been rescinded, the court cannot then allocate the property contrary to established legal principles. Section 744.457(1)(a) provides: All legal or equitable interests in property owned by an estate by the entirety by an incapacitated person for whom a guardian of the Property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with section 744.447, if the spouse who is not incapacitated joins in the sale, transfer, conveyance, or mortgage of the property. 

As a general principle, a trial court is authorized to permit the guardian to access the process from the sale of a jointly held property. A guardianship court can authorize the guardian to access a joint account held with the ward’s spouse to pay authorized expenses of the guardianship. However, the court must provide the other owner of those joint assets with adequate notice and a meaningful opportunity to be heard. 

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. You may also visit my website at https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney client privilege.