This is a legal proceeding when a person, who is called the Ward,  requires another individual to be appointed by the court to have the legal authority to make decisions over the Ward’s property and/or person. The individual with the legal authority is called the Guardian. The Guardian may be appointed with limited or plenary duties.   Plenary means the Guardian has all the fiduciary duties over the Ward.  Limited means the Guardian only has certain declared and ordered fiduciary duties.

This process is not normally required unless a person is incapable of taking care of himself/herself or his/her property due to the lack of mental capacity. If the proper measures in the Ward’s estate planning are in place, then a guardianship will not be required. However, failure to have the necessary estate planning can force a guardianship to be opened as the only recourse.

However, if a minor child residing in Florida receives compensation of any assets greater than $15,000.00, then a Guardianship of the Property for the minor child will be required. This usually arises when a child either receives an inheritance or when a minor child is involved in a personal injury judgment or settlement.

Florida Law has very stringent rules to ensure that Guardians do not mishandle the Ward’s property. There are annual reports and plans that must be filed. This process is unfortunately a costly proceeding because of the duration of the case.

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