Guardianship FAQs

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to represent (protect) the rights of a minor or incapacitated person.

Q. What is a guardianship

A guardian is a person who has been appointed by the court to act on behalf of a ward’s person (Guardian of Person) or property (Guardian of Property), or both (Guardian of Person and Property) 

Q. What is a guardian

An incapacitated person is a person who has been determined by the court to lack the capacity to manage at least some of their property or to meet at least some of the essential health and safety requirements of that person.

Q. What is an incapacitated person (also called a ward)

A person petitions the court to determine another person’s incapacity and simultaneously petitions the court to appoint a guardian for that person. The court appoints an attorney to represent the alleged incapacitated person if they do not have private counsel. A committee appointed by the court examines the individual and reports their findings to the court. The court either dismisses the petition or schedules a hearing to determine the partial or total incapacity of the individual.

If the court determines the person to be incapacitated, a guardian is usually appointed for the incapacitated person.

Q. How is a person determined to be incapacitated

Managing the property of the incapacitated person, including:

• Taking inventory of the property
• Investing prudentially
• Using financial proceeds for the persons’ support
• Filing detailed reports with the court each year
• Obtaining court approval for certain financial transactions

Q. What are some of the responsibilities of a Guardianship of the Property

Handling the responsibilities delegated in court for the person, such as:

• Providing medical, mental and personal care services
• Determining the residential setting best suited to the person
• Presenting a detailed plan to the court each year for the care of the incapacitated person

Q. What are some of the responsibilities of a Guardian of a Person

The court may re-examine the person and restore some of his / her rights if the person has partially or fully recovered or when a minor reaches the age of majority. 

Q. Is a guardianship permanent

Please call Legal Aid of Palm Beach County at 561-655-8944.

Q. Where can I get assistance with a public guardian program

Report Guardianship Fraud (info found at https://stlucieclerk.gov/departments-top-menu/guardianship)

Q. How can I report suspected Guardianship Fraud