A Guardianship is a legal arrangement under which a person (the guardian) has the legal right
and duty to care for another (the ward) and his or her property. A guardian must be represented by an attorney.
Types of guardianships:
A guardianship is established when a person’s is unable to legally act on his/her own behalf.
This may be due to *minority, (he or she is not of age),
or due to mental and/or physical *incapacity.
A competent adult may also petition the court to appoint a *voluntary
guardian for himself or herself.
*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. This may occur through an inheritance or through
a settlement of a legal action. Guardianship of the person of a minor child may need to be established
if both natural parents are deceased, incapacitated or unavailable.
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*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,
Probate Court Records department. (The proposed guardian must be represented by an attorney).
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. An attorney will be appointed to represent
the alleged incapacitated at the hearing. Each member of the examining committee submits his/her report
to the court after examining the alleged incapacitated person. At the hearing, the court will make a
determination regarding the capacity of the alleged, and if necessary, appoint a guardian.
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*Voluntary: A person may voluntarily petition the court for appointment of a guardian for
his/her property when, though mentally competent, he or she is incapable of the care, custody, and
management of his estate by reason of age or physical infirmity. A certificate of a licensed physician
is required, stating that he has examined the person and that the person is competent to understand the
nature of the guardianship and his delegation of authority.
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Guardian Qualifications:
A 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. A completed Application for Appointment of Guardian form must be
submitted by the proposed guardian at the time a guardianship case is opened. The Court will review
the application to ensure the guardian will best serve the needs of the ward.
Responsibilities of the Guardian:
A guardian of the property is required to file an
Initial Inventory of the ward’s assets within 60 days of his appointment. Subsequently, an annual accounting
of the assets will be required.
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 plan is
required to provide information to the court about the health and physical well being of the ward.
Guardianship Report forms required:
Effective January 1, 2001, Pinellas County Administrative Order 00-59 mandates the use of specific forms for
the filing of these required reports. The forms and a copy of the Administrative Order are available at
http://www.jud6.org. Forms are also available
at: http://browardbar.org/probate.
Fingerprint requirement for Guardians:
Guardians are required by law to submit a fingerprint card to the Clerk’s office for forwarding to the
Florida Department of Law Enforcement (FDLE). A check for $54.25 is required for the processing fee and
should be made payable to Florida Department of Law Enforcement. Professional guardians must also submit a
clerk’s fee of $7.50.
Audit of Guardianship reports:
The law assigns the responsibility for auditing the reports to The Clerk of the Circuit Court. The Court then
reviews the Clerk’s audit.
Audit Fees:
Audit fees are set by Florida Statute and based on the value of the ward’s estate. Refer to the
Schedule of Service Charges for current audit fees.
Annual fees required for credit and criminal background investigation checks:
Pinellas County Administrative Order PA/PI-Cir-0079 requires the following annual investigative fee:
All guardians: $27.50.
For more information about guardian duties and responsibilities:
More details are available on the Court’s website: http://www.jud6.org.
Filing fees required to open a new guardianship case:
Please refer to the
Schedule of Service Charges for current fees.
Information is available about the following areas of the Probate Division:
Where to file guardianship cases:
You may file guardianship paperwork at the following locations:
PROBATE COURT RECORDS
315 Court Street, Room 106
Clearwater, FL 33756
Telephone: (727) 464-3321
NORTH COUNTY BRANCH OFFICE
29582 U.S. 19 North
Clearwater, FL 33761
Telephone: (727) 464-7000
ST. PETERSBURG BRANCH OFFICE
545 First Avenue North
St. Petersburg, FL 33701
Telephone: (727) 464-7000
