![]() The alleged incapacitated person and next of kin will be served with a notice and a copy of the court order appointing an examining committee and setting a hearing. The proposed guardian must be represented by an attorney. Incapacity: A guardianship for an alleged incapacitated person can be initiated by filing a Petition to Determine Capacity and a Petition to Appoint Guardian with the Clerk of the Circuit Court. For information on custody of a minor, please see Family Law Rules and Forms. Guardianship of the person of a minor child may need to be established if both natural parents are deceased, incapacitated or unavailable. This may occur through an inheritance or through a settlement of a legal action. ![]() Minority: A guardianship must be established for the property of a minor child when an amount over $15,000 is to be paid to the minor. A developmentally disabled person may be eligible for a guardian advocate to be appointed. Guardian Advocate: A developmentally disabled person may be eligible for a less restrictive type of guardianship, known as a guardian advocate. ![]() Subsequently, an annual plan is required to provide information to the court about the health and physical wellbeing of the ward. ![]() A guardian of the person is required to file an Initial Plan for the care of the ward within 60 days of his appointment. Subsequently, an annual accounting of the assets will be required. Guardian ResponsibilitiesĪ guardian of the property is required to file an Initial Inventory of the ward’s assets within 60 days of his appointment. Fingerprints are to be submitted electronically via a live scan device. The Florida Department of Law Enforcement (FDLE) no longer accepts or processes hard copy guardian applicant fingerprint cards. The Court will review the application to ensure the guardian will best serve the needs of the ward.įingerprint and Background Check requirements: A completed Application for Appointment of Guardian form must be submitted by the proposed guardian at the time a guardianship case is opened. Guardian QualificationsĪ person 18 years of age or older who has an interest in the protection of the personal or property rights of the incapacitated person may qualify to serve as a court appointed guardian. If the incapacitated person has a written declaration of pre-need guardian, the court shall appoint that guardian, as long as he/she/it is qualified, unless the court determines appointing such guardian is contrary to the best interests of the ward.Ī competent adult may also petition the court to appoint a voluntary guardian for himself or herself. An institution can be appointed guardian, but a bank trust department may act as guardian only of the property. If a relative does not live in FL they may also serve as guardian. Who Can Be A Guardian?Īny adult resident of Florida can serve as a guardian whether related to the ward or not. What Is A Guardian?Ī guardian can be an individual or an institution and is appointed by the court to care for an incapacitated person or their assets. Collier County Clerk of the Circuit CourtĪ guardianship is a legal proceeding in Circuit Court which a guardian is appointed to exerciser legal rights of an incapacitated person. ![]()
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