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Guardianship Case Types
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Susan DeGroff, Manager
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A guardianship is a legal proceeding in the courts in which a guardian is appointed by the court to exercise the legal rights of an incapacitated person. A guardian of the person makes decisions and takes action regarding the well being of the incapacitated person. The guardian of the property is responsible for managing the property/assets of the incapacitated person.
Declaration of Pre-Need Guardianship - Florida Statute 744.3045
This document names the person that the filer wants to become his or her guardian in the event they become incapacitated or, in the event the filer dies, the person the filer wants to become guardian of his or her children. There is no filing fee for the document.
Conservatorship
A Petition for Conservatorship may be filed with the court, if a person is missing and presumed dead, in order that the court appoint a conservator to safeguard the property of the absent person. The clerk collects a filing fee of $256.00.
Guardianship Incapacity - Florida Statute 744.3201
This is a procedure that provides for a guardian to be appointed for a person who has been determined by the court to be incapacitated.(See Mental Health - Petition to Determine Incapacity) and requires a $256.00 filing fee.
Guardianship of a Minor - Florida Statute 744.342
The law requires that a guardian of the property be appointed when a minor receives or inherits assets of $15,000 or more. A guardian of the the person of a minor may be appointed by the court if the natural parents are unavailable or unable to provide for the minor's well being. The filing fee for this proceeding is $256.00.
VA Guardianship
This procedure is limited to veterans and other persons who are entitled to receive benefits from the U.S. Department of Veterans Affairs and requires a filing fee of $106.00.
Voluntary Guardianship - Florida Statute 744.341
When voluntarily petitioned by a person who, though mentally competent, is incapable of managing their assets by reason of age or physical infirmity, the court may appoint a guardian of the property and the clerk collects a $256.00 filing fee.
Emergency Temporary Guardianship - Florida Statute 744.3031
The Court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed, may appoint an emergency temporary guardian for the person or property or both of an alleged incapacitated person. The authority of an emergency temporary guardian expires 60 days after the appointment, but may be extended for an additional 30 days upon a showing that the emergency conditions still exists. The filing fee for guardianship of person only is $106.00; for guardianship of property is $256.00.
Expedited Judicial Intervention - Probate Rule 5.900
When an individual is in the hospital with a life-threatening illness and has no family available and no living will, a person will petition the court for authority to make a decision as to the course of action for medical treatment. The clerk collects a filing fee of $102.00.
Health Care Surrogate - Florida Statute 765.202
This procedure ensures that a competent adult can plan for the possibility of incapacity by designating another person to direct the course of his or her medical treatment upon his or her incapacity. The cost of filing is $102.00
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Probate/Mental Health Services Guardianship Mental Health Case Types Probate
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