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What is a Guardianship of a Minor in the Orlando, Florida Area?

A Guardianship of a Minor in the Orlando, Florida area is governed by Florida Statute 744.3021. 

Guardians of minors. F. S. 744.302 Subsection (1) states that except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian.

Florida Statute 744.102(9) Definitions-defines a Guardian to mean a person who has been appointed by the court to act on behalf of a ward’s person or property, or both. Florida Statute 744.102(12) further describes the role of a guardian. A Guardian of the Property manages property and takes those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income. A Guardian of the Person cares for the health and safety of the person and takes those actions necessary to provide the health care, food, shelter, clothing, personal hygiene, or other care for the person. 

The Statute also defines a Minor as a person under 18 years of age whose disabilities have not been removed by marriage or otherwise. It also defines next of kin as those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person.

A Guardian of the Minor is distinguishable from long term relative custody by extended family members in that if the child has money, a guardianship of a minor will be necessary. Further, if a parent dies, a guardianship of the minor is necessary. Where a child inherits life insurance proceeds, bank accounts, or social security benefits when a relative dies, a Guardianship must be set up.

This is distinguishable from Florida Statute 751- Long Term Relative Custody by an Extended Family Member. This usually is used to care for a child who is a relative in order to care and provide for them as well as to put them on your health insurance, enroll them in school, and obtain medical and/or dental treatment for them; and do other things like that. 

If you have more questions regarding a Marital and Family 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.