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.
Annual Guardianship Plans
Effective July 1, 2017 - HB399 (Florida Chapter 2017-16) amends s. 744367, F.S. to require that annual guardianship plans be filed within 90 after 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 before April 1 of each year.