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 Guardians are 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 laws.
Now that you know the period 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
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.
- Cancelled Checks.
- Investment and other financial Account Statements.
- Itemizing Receipts.
- Itemizing Disbursements.
If you have more questions regarding a Marital and Family Law matter, Guardianship or Estate matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange 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.