Filing a Guardianship
A guardianship may be filed on behalf of:
- Developmentally disabled individuals, pursuant to Chapter 393, Florida Statutes.
- Incapacitated persons.
- Voluntary wards.
All guardianship matters in the State of Florida require an attorney pursuant to Florida Probate Rule 5.030. An individual, through his/her attorney, may file for a guardian to be appointed for an adult person when (s)he believes that person is not mentally capable of taking care of him/herself; or an adult person on his/her own behalf may file a voluntary guardianship when (s)he may be physically incapable of managing his/her property.
An individual can be appointed as guardian:
- In a limited (partial rights removed) capacity.
- Of a person and property.
- Of the person only.
- With plenary capacity (total rights removed).
- Of property only.
Guardians of Property
A guardianship is filed for a minor when the minor child has inherited or received money or property in excess of $15,000. In this type of case, a guardian of the property is all that is needed if the minor child's parents are living. If a minor child's parents are deceased, a guardianship of the person also may be required.
As in all guardianship proceedings, a hearing may be necessary when guardianship cases are presented to the Court for consideration of all orders.
Certain documents within guardianship cases are marked as confidential information pursuant to Florida Statutes.
For more information or resources on Guardianships, you may visit the following websites:
- Florida Department of Elder Affairs website
- Florida WINGS website
- Guardianship Improvement Task Force website
We offer several printable Guardianship forms on our Legal Resource Center, Guardianship page.
You may also visit the Sixth Judicial Circuit Probate, Guardianship, and Mental Health website for printable forms. You will be able to download the required guardianship accounting and plan forms; however, not all the information located on this site is applicable to Pasco County Courts. Find the applicable Probate and Guardianship Administrative Orders.