| Filing Type | Cost |
|---|---|
| Guardianship of Person Only | $235 |
| Guardianship of Person/Property Ancillary | $400 |
| Guardianship of Property Only | $400 |
| Miscellaneous One Document Filing | $231 |
A person may need a guardian because they become incapacitated or because they are a minor. The responsibilities of a guardian will vary depending on the ward’s needs. A guardian is defined in the Florida Statutes Section 744.102 defines a guardian as a person who has been appointed by the court to act on behalf of a ward’s person or property, or both. A guardian for a ward can live close by or in a different location. For example, if a Miami-Dade County resident becomes incapacitated, their guardian may reside in the same county, in another county in Florida such as Palm Beach County, or even in another state.
For example, if a Miami-Dade County resident becomes incapacitated, their guardian may reside in the same county, in another county in Florida such as Palm Beach County, or even in another state.
Under the statute, a guardian is not required to demonstrate that his or her services benefited the ward or the ward’s estate in order to receive compensation. The court found that the statute appears to presuppose that a guardian’s services benefit the ward or the ward’s estate.
The court described that on occasion, usually when a family member is appointed, a guardian may agree to serve without compensation. But that is an exception to the requirement that guardians can receive compensation for their services.
After appointment, the guardian or conservator must usually seek court approval in many cases before taking specific actions or making certain decisions on behalf of the ward. 10 This, in turn, will lead to attorney's fees for the preparation and filing of the appropriate court petition.
Initial attorney fees at the beginning of the proceeding must often be paid personally by the guardian or the conservator, although the court might order that the ward's estate reimburse them. 15
A conservatorship and a guardianship are actually two separate arrangements. A guardian oversees personal issues for the ward , such as healthcare issues and even care, feeding, and supervision, depending on the extent of the ward's incapacity. 4
If you enlist the help of an attorney in preparing and filing the petition, that professional's services will cost as well.
A guardian's responsibilities might include some minor financial transactions as well, such as taking care of the ward's daily expenses.
The Social Security Administration allows that a portion of a ward's benefits account can be diverted to pay for guardianship proceedings and court-ordered fees under some circumstances. This provision applies to guardianships, not conservatorships.
Some states require that conservators must post bond, a type of insurance policy to protect the ward's estate in the event of any wrongdoing. That costs money, too.
If however the amount to be distributed exceeds the $15,000.00 threshold , you will be required to initiate a Guardianship proceeding. If you are seeking only authority to receive/hold an asset for a minor child, then Florida law has a limited guardianship proceeding referred to as Guardian over a minor’s property.
After appointment as a Guardian over minor property Florida Law requires that you submit to the Court an initial inventory within sixty (60) days after the issuance of Letters of Guardianship. The initial inventory lists all assets and any sources of income.
The process requires that the person submitting to the Court to become the guardian be subject to a background investigation, typically at his or her own expense. Once appointed there is also a training course that is required to be undertaken. Each Clerk of Court in Florida will have local courses available to fulfill this requirement.
Guardianship Over Minor’s Property in Florida. One issue that arises frequently in a Probate Administration is the devise, bequest or inheritance to a minor (under 18 years old). A minor cannot have an ownership interest in property that exceeds a certain value. Fla.
If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians.
The Guardian must be represented by an attorney throughout the process and must further file an annual accounting yearly detailing the assets and transactions undertaken on behalf the Ward. Florida Courts often use a restricted depository or frozen bank account where transactions cannot be made without a Court Order to facilitate Guardianships over minor property. This restricted account will also allow a Guardian to file a simplified annual accounting.
So if you have a controversy where a minor child would be entitled to less than $15,000.00 or a Probate Administration with less than $15,000.00 to distribute to the minor, a natural guardian may be able to take possession of the asset on behalf of their child.
Note: The following forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. The forms are not intended to be part of the rules and are provided for convenience only.
Guardianship resources may be found on Florida's Working Interdisciplinary Network of Guardianship Stakeholders (WINGS) website.
Once appointed as a guardian, whether as the guardian of the person or guardian of the property, Florida Statutes require the satisfactory completion of a training course within four (4) months of appointment. Both the guardian of the person and the guardian of the property are required to satisfactorily complete an eight (8) hour training and instruction course. A guardian of the property for a minor is only required to receive four (4) hours of training and instruction.
In order to ensure the guardian is acting in accordance with the law, Florida Statutes require guardians to submit reports to the court. These reports help the court to supervise the affairs of the ward and to monitor the action of the guardian.
The term ward describes a person whom the court has declared legally incapacitated and has had some or all of his or her rights removed.
Guardianship is the process designed to protect and exercise the legal rights of individuals whose functional limitations prevent them from being able to make their own decisions and have not made plans for this time in their lives. People who need guardianship may have dementia, Alzheimer’s disease, a developmental disability, chronic illness or other such conditions that generally cause functional limitations. Before a guardianship is established, it must be determined that the alleged incapacitated person (AIP) lacks capacity. Guardianship should be the last resort.
A failure on the part of the guardian to comply with any requirement may result in the guardian having to appear before the court to explain his or her failure to properly fulfill his or her duties. This may result in sanctions against the guardian including removal as guardian or any other action the court may deem appropriate.
Once the petition is filed, the court will then appoint an examining committee consisting of three members. The examining committee will conduct an evaluation and report back to the court. In addition, the court will appoint an attorney to represent the AIP.
A guardian of the property for a minor is only required to receive four (4) hours of training and instruction.
When a #guardianship petition is filed, a # Florida probate court will appoint a lawyer to represent the person who is the subject of the guardianship. This person is often referred to as
A person who files for a guardianship in Florida is referred to as a petitioner. #Guardianships in Florida are on the rise, as are #guardianship lawsuits. #Probate litigators from Palm Beach County, Florida to Fort Lauderdale, Florida and throughout Miami-Dade County, have seen their guardianship cases increase, as well as guardianship trials and hotly contested and disputed guardianship cases.