Guardianship
A guardianship is a legal proceeding in which a guardian is appointed by the court to exercise the legal rights of either an incapacitated person, a developmentally disabled person, or a minor. A guardian of the person makes decisions and takes action regarding the well-being of the person subject to the guardianship. A guardian of the property is responsible for managing the finances and property of the person subject to the guardianship.
This involves appointment of a guardian for a person who has been determined by the court to be incapacitated. See Fla. Stat. 744.3201 and Florida Probate Rule 5.560.
A guardian advocate can be appointed when a person with a developmental disability is unable to manage his or her affairs. To qualify, the person with a developmental disability must have a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida or Prader-Willi syndrome; that manifests prior to the age of 18; and constitutes a significant disability that can reasonably be expected to continue indefinitely. See Fla. Stat. 744.3085 and Florida Probate Rule 5.649.
A guardianship must be established for the property of a minor child when money or property value of over $50,000 is to be paid or distributed to the minor. The court may also appoint a guardian before approving a net settlement over $15,000. This may occur through inheritance or through a settlement of legal action. Guardianship of the person of a minor child may need to be established if both natural parents are deceased, incapacitated, or unavailable, such a parent being in the military. See Fla. Stat. 744.387 and 744.3205, also, Florida Probate Rules 5.555 and 5.636.
A VA Guardianship is available for veterans and others who are entitled to receive benefits from the U.S. Department of Veterans Affairs. A Voluntary Guardianship, see Fla. Stat. 744.341, is initiated when a person who, though mentally competent, is incapable of managing their assets by reason of age or physical infirmity voluntarily petitions the court for appointment of a guardian of the property.
- Alachua County Clerk Forms
- Initial Plan for Adult (Fla. Prob. R. 5.904(c), effective July 1, 2026)
- Annual Plan for Adult (Fla. Prob. R. 5.904(d), effective July 1, 2026)
- Fingerprint Information for Guardians ORIFL001034AZ
- Guardianship Accounting Sample Form (Excel)
- Respondent Information for Service of Petition by Sheriff – Alachua County
- Respondent Information for Service of Petition by Sheriff – Other County
- Florida Supreme Court Guardianship Forms
- Eighth Judicial Circuit Guardianship Forms
- Annual Plan (Minor)
- Physician’s Report (Adult)
- Physician’s Report (Minor)
- Notice of Change of Address
- Simplified Accounting Form
- Guardian Advocate Information
- Application for Appointment as Guardian Advocate
- Petition for Appointment of Guardian Advocate of Person
- Oath of Guardian Advocate, Designation of Resident Agent & Acceptance
- Guardian Education Requirement Acknowledgment
- Other Eighth Judicial Circuit Guardianship Forms
Every guardian shall be represented by an attorney admitted to practice, however, a guardian advocate is not required to be represented by an attorney unless otherwise required by law or the court. See Florida Probate Rule 5.030(a)
The initial inventory and/or initial plan must be filed within 60 days after letters of guardianship are issued.
The annual plan is due on the first day of the fourth month after the anniversary month of the date letters of guardianship are issued.
The annual accounting is due on the first day of the fourth month after the anniversary month of the date letters of guardianship are issued.
The audit fee for the initial inventory is $85, if the assets of the ward exceed $25,000. The audit fee for the annual financial return ranges from $20 to $250, depending on the value of the estate. There is no fee for filing an initial or annual plan.
