The Guardianship process is brought forth in the Probate Court division and takes from 4 to 6 weeks to establish, once pleadings are filed with the Court. A guardianship may be needed if a minor child will receive an award of money because the parents, natural guardians, cannot receive the funds under Florida law. In general, most guardianships involve an adult, i.e. an incapacitated person, and requires that the Court adjudicate incapacity of such person.


a) filing an Application to Appoint Guardian that would be filled out by the proposed guardian;
b) submitting an Oath and Petition from the proposed Guardian;
c) appointment of guardian (if no objections from other family members);
d) establishing a Bank or investment account as designated depository & filing an inventory;
e) filing an INITIAL PLAN for Ward=s care
f) attorney fees can be reimbursed by the guardianship with approval of the Court via a Court Order
g)Any act dealing with the sale or purchase of real estate would require a Court Order (permission of the Court)
h) Guardian, through legal counsel, can petition for a monthly allowance to pay the monthly expenses of the Ward depending on the circumstances


ANNUAL COURT REPORTS (Subsequent years)


a) There is an Annual Plan filed regarding the care of the Ward and it must be accompanied by a current doctor=s evaluation letter (sample is available if needed)


b) There is an Annual Accounting filed with the Court regarding the financial activity involving the Ward=s assets (example: interest, dividends, sales, purchases, etc…)