Disclaimer: This article provides general information on Florida guardianship law and is not legal advice. Always consult a qualified attorney for guidance specific to your situation.
Detailed Answer
Under Florida law, a court may appoint a guardian for an incapacitated adult who cannot manage personal or financial affairs. The process follows the Florida Guardianship Code, Chapter 744 of the Florida Statutes.
1. Assess Capacity and Need
Before filing, determine whether your relative meets the statutory definition of incapacity. Under Fla. Stat. § 744.102, “incapacity” means a substantial inability to manage health care or property decisions.
2. Prepare and File the Petition
File a Petition for Appointment of Guardian in the circuit court of the county where the proposed ward resides. The petition must include:
- Facts demonstrating incapacity.
- A request for guardian of the person, guardian of the property, or both.
- Names and addresses of close relatives.
See Fla. Stat. § 744.3101 for petition requirements.
3. Serve Notice and Appoint Professionals
After filing, the court will:
- Appoint an attorney to represent the proposed ward. (Fla. Stat. § 744.331)
- Appoint a forensic evaluator or two physicians to assess capacity. (Fla. Stat. § 744.3315)
- Serve the petition on the proposed ward and close relatives. (Fla. Stat. § 744.331)
4. Attend the Hearing
The court must hold a hearing within 20 days of filing. You, the proposed ward, the ward’s attorney, and the evaluator must attend. The judge reviews evidence, hears testimony, and decides whether to appoint a guardian.
5. Obtain Letters of Guardianship
If granted, the court issues Letters of Guardianship, authorizing you to act. You must:
- File an acceptance of guardianship within 30 days. (Fla. Stat. § 744.361)
- Post a bond if required. (Fla. Stat. § 744.107)
6. Fulfill Ongoing Duties
Guardians must:
- Submit an annual guardianship plan. (Fla. Stat. § 744.3675)
- File periodic accountings if appointed guardian of property. (Fla. Stat. § 744.367)
- Act in the ward’s best interest and report major decisions to the court.
Helpful Hints
- Begin early: Guardianship can take several weeks or months.
- Hire a local attorney familiar with your county’s procedures.
- Gather medical records ahead of filing to support incapacity.
- Keep detailed records of all financial transactions.
- Communicate with family to minimize conflicts.