Guardianships: Guardianships of Minors and Guardian Advocacies

At the Law Office of Shorstein & Lee, our experienced St. Johns County guardianship lawyer understands the profound importance of establishing guardianships for loved ones who require support and protection. Whether you are caring for a minor child or your child with disabilities is becoming of age, we are here to guide you through every step of the guardianship process. We focus on ensuring that you meet the legal requirements and secure the appropriate authority to make essential decisions while preserving your loved one’s rights. Our personalized approach is designed to alleviate stress and provide clarity on a variety of guardianship matters, including court petitions, ongoing oversight, and compliance with Florida’s legal framework. If you have questions or concerns about guardianships of a minor or guardian advocacy, contact us today for a Consultation. Call our office at (904) 829-3035 to schedule your appointment. We look forward to assisting you in safeguarding those who matter most.

Minor Guardianships

Although guardianships are often associated with adults, Florida law also applies the concept to minors. A minor guardianship typically arises if:

• A child’s parents are unable to care for the child.
• A child inherits funds, receives lawsuit proceeds, or acquires assets exceeding $15,000.

A guardian of the person is responsible for the child’s daily needs, medical care, and educational decisions. A guardian of the property manages financial assets, ensuring that money is invested or used solely for the child’s benefit. If necessary, the court may appoint two different guardians—one for the personal aspects and another for the assets. The guardianship usually ends when the child turns 18, unless there is another statutory basis to continue protective oversight—for example, a developmental disability that transitions the minor into a different legal framework upon reaching adulthood. Typically, we deal more often with guardianship of the minor’s property. Each year until the child turns 18 years old, the guardian must provide the Court with an accounting of the property for that year. If the guardian of the property wants to use the funds for the benefit of the minor, the guardian must petition the court requesting an order allowing them to use said funds for the proposed reason. Without a court order, the funds in the guardianship estate may not be used. Once the child reaches the age of 18, a court order is requested to allow distribution of the estate to the child and can then be closed after all of the requisite closing documents have been filed by the guardian.

If you have questions about establishing or managing a guardianship for a minor, please call us today to schedule your consultation with our St. Johns County guardianship attorney.

Guardian Advocacy

Separate from Chapter 744, Florida also provides a system under Section 393.12 known as Guardian Advocacy for individuals with developmental disabilities. Conditions such as autism, cerebral palsy, Down syndrome, or intellectual disability may qualify. One major difference between Guardian Advocacy and traditional guardianships is that the court may choose not to make a formal finding of incapacity if the individual’s condition meets certain statutory criteria. Instead, the court can grant a guardian advocate appropriate authority over particular aspects of the person’s life—often certain medical or financial decisions—without stripping every right the individual holds.

This process can be less burdensome, avoiding some formalities of standard guardianship proceedings. Still, the court will usually require sufficient evidence of the disability through medical or educational records. The Guardian Advocacy arrangement is meant to maintain as much self-determination as possible while offering structured support. If changes in the person’s abilities occur over time, the scope of the guardian advocate’s authority can be modified, but it generally remains narrower than in a plenary guardianship unless circumstances warrant expansion.

Further Details on Guardian Advocacy

In determining whether a full incapacity adjudication will be skipped, Florida courts weigh evidence of the individual’s developmental disability and the level of assistance needed. If the individual can capably handle some tasks—such as making basic personal decisions—and only requires help in specific areas like financial oversight, the court may confine the guardian advocate’s authority to those limited domains. In some cases, the court still opts for a formal finding of incapacity if it appears necessary to protect important rights or if there is any dispute about the extent of the disability.

Reporting requirements under Guardian Advocacy may resemble those in general guardianship. The court often requires an initial plan outlining the decisions the guardian advocate can make, followed by periodic updates confirming that the person’s needs are met. The process typically focuses on promoting dignity and independence, consistent with Florida’s overarching goal to preserve individual rights where possible.

Wards’ Rights Under Florida Guardianship

When a Florida court imposes a guardianship, certain rights of the ward may be removed or suspended if the individual is unable to exercise them safely. Examples of rights that might be restricted include:

• The right to manage property or financial assets.
• The right to contract or engage in business transactions.
• The right to determine residence.
• The right to make health care decisions.
• The right to apply for government benefits.
• The right to vote (though courts vary in how they address this right, and any removal must meet legal standards).
• The right to drive a vehicle.
• The right to consent to marriage.

In a limited guardianship, only those rights specifically named in the court’s order are removed, and the ward retains all other rights not mentioned. Plenary guardianships typically remove a broader set of rights. However, if the ward’s condition improves or if a less restrictive arrangement emerges during the guardianship, the ward or an interested party can ask the court to restore certain rights. If you have questions about these rights or the process, you may wish to consult with our St. Johns County guardianship lawyer for guidance.

Florida Probate Rules and Clerk of Court Role

In addition to Florida Statutes, guardianship proceedings fall under the purview of the Florida Probate Rules. These rules govern many procedural details, including deadlines for filing reports, timing of hearings, and notice requirements for all involved parties. While judges interpret and apply these rules in guardianship cases, the Clerk of Court also plays a vital role. The clerk may be responsible for:

• Maintaining guardianship files and filings.
• Issuing letters of guardianship.
• Monitoring whether required reports, such as annual accountings, are submitted timely.
• Serving as a point of contact for relatives who need updates on the guardianship.

Understanding the Florida Probate Rules helps guardians remain compliant with court protocol. Failing to meet deadlines or procedure guidelines could lead to hearings, fines, or sanctions. By closely following rules and statutes, guardians can better protect the ward while keeping the court informed.

Who Can Serve as a Guardian

Florida imposes eligibility criteria and vetting processes to ensure suitable individuals are appointed. Generally, a prospective guardian must:

• Be at least 18 years old.
• Reside in Florida or be directly related by blood or marriage to the ward if they live out of state.
• Have no felony convictions.
• Demonstrate the ability to faithfully execute guardianship duties.

Background checks and credit checks are typically required. Candidates must disclose significant financial or legal issues, such as bankruptcy filings. If multiple individuals seek to be appointed, the court assesses which candidate’s appointment would serve the ward’s best interests. In some cases, the court approves a professional guardian—a person or entity regularly appointed in guardianship roles—if no suitable family member or close friend is available or willing. Strict adherence to eligibility standards is intended to protect vulnerable wards from neglect or abuse.

Duties and Obligations of Guardians

Once appointed, Florida guardians must adhere to the directives of the court and comply with statutory guidelines. These obligations include:

• Completing a court-approved training course (unless waived under statutory exceptions).
• Submitting an initial report or plan outlining the ward’s physical, mental, and social conditions, along with a proposed approach to care.
• Filing annual accounting reports detailing the ward’s income, expenses, investments, and financial transactions if managing the ward’s property.
• Preparing annual guardianship plans that describe the ward’s overall well-being, medical treatment, and future care objectives.

Communication with the court is essential. If a substantial change occurs, such as a significant decline in the ward’s health or a need to relocate, the guardian typically files updated documents. Failing to comply carries potential consequences, including removal as guardian or surcharge judgments for mismanagement. Ultimately, guardianship law in Florida strives to ensure the guardian’s actions are transparent, beneficial, and consistently monitored. If you need guidance navigating guardianship duties and requirements for a minor or advocacy, our guardianship lawyer in St. Johns County can provide knowledgeable assistance.

Court Oversight and Guardian Removal

Even after an appointment, the court retains jurisdiction. If a guardian fails to uphold responsibilities or misuses the ward’s assets, the court has authority to investigate and remove the guardian. Relatives, friends, or even social service agencies can file motions accusing the guardian of misconduct or neglect, prompting a court review.

When a complaint arises, the judge may order a hearing, requesting additional documentation or testimony. If the judge concludes the guardian has indeed compromised the ward’s interests, the guardian can be replaced by another qualified individual or professional guardian. This process ensures ongoing accountability and provides recourse if a guardian’s performance falls short of protecting the ward’s best interests.

Terminating a Guardianship

Guardianships often end under several circumstances. If a ward passes away, the guardian’s duties conclude once final reports and accountings are approved by the court. In minor guardianships, the arrangement typically ends when the child reaches 18, unless an ongoing disability justifies transferring to another protective system or continuing the guardianship.

Our St. Johns County guardianship attorney can help guide families through the process of terminating a guardianship or restoring capacity to a ward.

Let Us Help You Pursue Your Goals

At the Law Office of Shorstein & Lee, our experienced St. Johns County guardianship lawyer understands that establishing a guardianship of a minor or a guardian advocacy can feel daunting. Whether you’re looking after a minor’s financial well-being or your disabled child is turning or has turned 18 years old, we’re here to guide you every step of the way. A Consultation can help clarify your options and define a plan tailored to your circumstances. Let us help you pursue your goals with strong advocacy and a commitment to providing the care and support you deserve. Please call us today at (904) 829-3035.