Short Answer
No. Under Florida law, being appointed guardian of the person does not automatically make you guardian of the estate (the person’s property). The court separately appoints a guardian of the property (sometimes called guardian of the estate or plenary guardian of property). To manage a ward’s assets, you must be specifically appointed and given authority by the court under Florida’s guardianship laws (Chapter 744 of the Florida Statutes).
Detailed Answer — How Florida law treats guardianship of the person versus the estate
Florida separates two core roles in guardianship proceedings:
- Guardian of the person — responsible for the ward’s personal care, medical decisions, living arrangements, and day-to-day wellbeing.
- Guardian of the property (guardian of the estate) — responsible for managing the ward’s financial affairs, collecting income, paying bills, protecting assets, and accounting to the court.
The court may appoint one person to serve in both roles, or it may appoint different people for each role depending on what serves the ward’s best interests and the facts presented to the court. The governing statutory framework is in Florida Statutes Chapter 744 (Guardianship). For the text of the statutes, see the Florida Legislature’s Chapter 744 page: Florida Statutes, Chapter 744 (Guardianship).
Why the court keeps the roles separate
Separate appointments protect the ward and preserve checks and balances:
- Managing money requires different skills and duties than providing personal care.
- Separating roles reduces conflicts of interest (for example, someone responsible for placing a ward in a facility should not necessarily control sale of the ward’s home without court oversight).
- The court tailors powers to the ward’s needs. The judge can limit authority over certain assets or transactions and can require bond or court approval for significant transfers.
How to get authority over the estate if you’re already guardian of the person
If you are appointed guardian of the person and you need authority to manage the ward’s property, you generally must do the following:
- File a petition with the probate/guardianship court asking to be appointed guardian of the property (or to add property powers to your existing appointment).
- Provide notice to interested persons as required by statute and local rules.
- Submit required paperwork: proposed letters of guardianship, inventories, proposed bond (if required), and any accountings the court requests.
- Attend a hearing. The court will consider whether appointment is in the ward’s best interests and whether you are qualified to manage the estate.
- If appointed, obtain Letters of Guardianship from the clerk. Those letters show third parties (banks, agencies) that you have legal authority to act for the ward’s property.
Local court rules and forms vary. The Clerk of Court or the local probate division can provide the specific forms and instructions for filing. The Florida Courts website has general guardianship resources: Florida Courts — Guardianship Information.
Common duties and limits for a guardian of the property
- Collect and protect the ward’s assets.
- Use estate funds for the ward’s benefit (housing, medical, daily needs).
- Prepare and file inventories and periodic accountings with the court as required.
- Obtain court approval for major transactions (selling real estate, making gifts beyond limited statutory allowances, certain investments), unless the court’s order grants specific authority.
- Post bond, if the court requires, to protect the ward’s estate.
Example scenarios (hypothetical)
Scenario A: You are appointed guardian of the person only. The ward owns a rental property that needs repair. You do not have legal authority to hire contractors or spend the ward’s money on repairs until the court appoints you guardian of the property or otherwise authorizes you to manage that specific asset.
Scenario B: You are appointed both guardian of the person and guardian of the property (a consolidated appointment). You can lawfully handle the ward’s finances, but you must follow the court’s reporting rules, obtain court approval for major transactions if required, and avoid conflicts of interest.
When temporary or limited authority may be available
In urgent situations, the court can issue temporary orders or limited authority to address immediate needs (for example, to pay for emergency medical care or to secure property). The exact mechanism and availability depend on the facts and the court’s discretion.
Helpful Hints
- Do not assume authority. Ask to see the Letters of Guardianship and read the court order carefully to know what powers you have.
- Contact the probate/guardianship clerk’s office early to learn local filing requirements and forms.
- Keep detailed records of all receipts, disbursements, and decisions involving the ward’s property—courts require transparent accountings.
- Consider whether you need bond. The court may require a bond to protect the ward’s assets; the clerk can explain bond procedures.
- Get court approval before major transactions (selling real property, large gifts, or transfers). Failure to get approval can expose you to personal liability.
- If you need authority over only selected assets, ask the court for limited powers rather than broad appointment—this can reduce conflict and oversight burdens.
- Talk to an attorney experienced in Florida guardianship law if you have questions about duties, liabilities, or how to petition the court. The court cannot give legal advice to parties.
- Review Florida Statutes Chapter 744 for the statutory framework: Florida Statutes — Chapter 744.
Where to go for forms and local rules
Check the probate/guardianship division on your county court website or the Clerk of Court’s office for local guardianship forms, filing instructions, and fee schedules. The statewide Florida Courts page on guardianship provides general resources: Florida Courts — Guardianship.
Disclaimer: This article is for educational purposes only and does not provide legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a Florida-licensed attorney experienced in guardianship law.