Guardianship

If a person is deemed incapacitated, the court will specify which rights the person is incapable of exercising. The court will appoint a guardian(s) to exercise those specified rights on behalf of the incapacitated person. When a guardian is appointed, the incapacitated person is referred to as the ward. A ward can also be a minor child.

A guardian advocate can be appointed when a child with a developmental disability reaches the age of 18. As an adult, the parent no longer has the legal authority to make decisions on behalf of the person.

A limited guardian is a person appointed by the court to exercise the specific legal rights designated in the court's order. A court will enter such an order after it has found that the ward lacks the capacity to perform some, but not all, of the tasks necessary to care for their own person or property. A court may also enter such an order after a person has voluntarily petitioned for his or her appointment.

A plenary guardian is a person appointed by the court to exercise all the ward's delegable legal rights and powers after the court has determined that the ward lacks the capacity to perform all tasks necessary to care for his or her person or property.

An incapacitated person is a person who has been judicially determined to lack the capacity necessary to provide for their own well-being, that is, their personal health and safety.

Until a person is judicially determined to be incapacitated, she or he is commonly referred to as an “alleged incapacitated person” or AIP.

If you believe it may be necessary to petition the court for a judicial determination of incapacity of someone you know, contact an attorney to advise you and assist with filing the Petition for Guardianship, as required by Florida Probate Rule.

Incapacity is most often associated with mental health cases.

Two types of reports are required: one for the guardian of the ward and one for guardianship of the ward’s property.

The guardian of the person must file an initial guardianship plan and an annual update to the guardianship plan.

The guardian of the property must file an inventory and an annual financial accounting. The report may be filed electronically through the Florida Courts e-filing portal.

Reports can be filed in person at:

Sarasota Office
Historic Courthouse
2000 Main Street, Room 102

Venice Office
South County Courthouse
4004 S. Tamiami Trail

Or filed by mail sent to:

Office of the Clerk and Comptroller
P.O. Box 3079 
Sarasota, FL 34230

If you have questions, please call the Probate & Guardianship Division at (941) 861-7400

The initial reports must be filed within 60 days after letters of guardianship are issued.

The annual plans are due on the first day of the fourth month after the anniversary month.

The annual accounting is due on the first day of the fourth month after the anniversary month.

There are no audit fees for an initial or annual guardianship plan.

The audit fee for the initial inventory is $85.00 if the ward's assets exceed $25,000.

The audit fee for the annual financial accounting ranges from $20.00 to $250.00, depending on the estate's value.

The fee for the examining committee varies. The court-appointed attorney's fee and the examining committee's fee are charged against the incapacitated person's assets.

If the person is indigent, the fees are paid by the state.

If the petition is dismissed without an adjudication of incapacity and the court finds that the petition was filed in bad faith, the court may assess fees against the petitioner.