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Through the Guardianship Process, a guardian is given the ability to exercise someone else’s rights. The Guardianship Process is the judicial remedy that allows another individual to protect and exercise the legal rights of another individual. The Guardianship Process of an adult in Florida refers to the court procedure whereby an individual is appointed a guardian. The authority of an emergency temporary guardian expires 60 days after the appointment, but may be extended for an additional 30 days upon a showing that the emergency conditions still exist.What is the Guardianship Process of an Adult in Florida?

The court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed, may appoint an emergency temporary guardian for the person or property or both of an alleged incapacitated person. When voluntarily petitioned by a person who, though mentally competent, is incapable of managing their assets by reason of age or physical infirmity, the court may appoint a guardian of the property.Įmergency Temporary Guardianship - Florida Statute 744.3031 Voluntary Guardianship - Florida Statute 744.341 This procedure is limited to veterans and other persons who are entitled to receive benefits from the U.S. A guardian of the person of a minor may be appointed by the court if the natural parents are unavailable or unable to provide for the minor's well being. The law requires that a guardian of the property be appointed when a minor receives or inherits assets of $15,000 or more. Guardianship of a Minor - Florida Statute 744.342 This is a procedure that provides for a guardian to be appointed for a person who has been determined by the court to be incapacitated ( See Mental Health case types - Petition to Determine Incapacity). Guardianship Incapacity - Florida Statute 744.3201

There is no filing fee for the document.Ī Petition for Conservatorship may be filed with the court, if a person is missing and presumed dead, in order that the court appoint a conservator to safeguard the property of the absent person. This document names the person that the filer wants to become his or her guardian in the event they become incapacitated or, in the event the filer dies, the person the filer wants to become guardian of his or her children. Injunction for Protection: Vulnerable Adultĭeclaration of Pre-Need Guardianship - Florida Statute 744.3045 If you suspect a court-appointed guardian is misusing a ward’s finances, report it to the Guardianship Integrity Assurance Hotline.

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The guardian of the property is responsible for managing the property/assets of the incapacitated person.ĭownload a list of registered professional guardians from the Florida Department of Elder Affairs, Office of Public & Professional Guardians (OPPG).įor filing fees, please view Guardianship Fees & Costs. A guardian of the person makes decisions and takes action regarding the well being of the incapacitated person. Guardianship matters are handled at the Circuit Civil front counter in room 3.2300 of the Main Courthouse.Ī guardianship is a legal proceeding in the courts in which a guardian is appointed by the court to exercise the legal rights of an incapacitated person. Documents Accepted at the Main Courthouse Only.

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