October 24, 2016     
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Court Services - Guardianship


Effective 7/1/2015 - HB5 (Fla. Ch. 2015-83, ยง16) amends s. 744.367, F.S. to require that annual guardianship plans be filed at least 60 days, but not more than 90 days, prior to the last day of the anniversary month that the letters of guardianship were signed. If the Court requires calendar-year filing, then the guardianship plan for the next year must be filed on or after September 1 but no later than December 1 of the current year.

Per Admin. Order 2015-41, dated October 1, 2015, a temporary extension for filing annual guardianship plans has been granted until October 31, 2015 in all cases which the annual guardianship plan is due within the period February 2, 2015 and September 30, 2015.

Guardianships are filed for both minors and incapacitated persons. However, all Guardianship matters in the State of Florida require an attorney (Florida Probate Rule 5.030). An individual, through their attorney, files for a guardian to be appointed for an adult person when they believe that person is not mentally or physically capable of taking care of himself/herself. A committee is appointed to evaluate the person and make their report to the court. In some instances, the adult person may be only physically unable to care for himself/herself and may need a guardian. Guardians can be appointed as guardian of the person only, property only or person and property.

Guardianships are also filed for minors when the minor child has inherited money or property in excess of $15,000 from a deceased person, or received money from a settlement in excess of $15,000. In this case a guardian of the property is all that is needed if the minor child's parents are living. If a minor child's parents are deceased or unable to be appointed guardian, he/she may need a guardian of the person and property.

Contact Information

Probate / Mental Health / Guardianship

Telephone: (850) 595-4300   

Room 23009 - Second Floor
190 W Government St
Pensacola, Florida  32502
Clerk of the Circuit Court
Probate Division
P.O. Box 333
Pensacola, Florida  32591-0333

Frequently Asked Questions

Please refer to the State Statutes.


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