How to Become a Guardian in Florida: Petition, Hearing, and Bond

To become a guardian in Florida, you file a Petition for Appointment of Guardian in the circuit court where the proposed ward lives, meet the eligibility rules in Chapter 744 of the Florida Statutes, and go through a judicial hearing that reviews reports from a court-appointed examining committee before the judge signs Letters of Guardianship transferring some or all of the ward’s legal rights to you. Florida treats guardianship as one of the most significant intrusions on personal liberty the law allows, so judges look hard at whether a less restrictive option would work first, and every guardian must be represented by a Florida-licensed attorney throughout the process.

Confirm Guardianship Is Actually Necessary

Before you spend a dollar on filing fees, look for documents the proposed ward already signed while they had capacity. Florida law requires the court to find that no less restrictive alternative can protect the person before appointing a guardian. A durable power of attorney, a health care surrogate designation, a trust, or another advance directive may already cover the same ground, and if it does, the judge can deny the petition.¹

Even when some guardianship is warranted, the court prefers a limited guardianship that removes only the specific rights the person cannot exercise. Plenary guardianship, which strips all delegable legal rights, is reserved for individuals shown to lack capacity across the board with no written instructions covering any part of their life.¹ Ask your attorney to frame the petition around exactly the rights that need to be removed, not a broader grab.

Confirm You Qualify to Serve

Florida allows any state resident who is at least 18 and legally competent to serve as a guardian. Non-residents can serve only if they are related to the ward by blood or marriage — specifically parents, children, grandparents, grandchildren, siblings, spouses, aunts, uncles, nieces, nephews, or in-laws within those categories.²

Several things disqualify you automatically:

A felony conviction, regardless of your relationship to the ward.
A judicial finding that you committed abuse, abandonment, or neglect of a child.
A conflict of interest, such as being a paid service provider to the proposed ward or a creditor of the proposed ward.
An illness or disability of your own that would keep you from performing guardian duties.²

Who the Court Picks When More Than One Person Wants the Role

If several qualified people petition, Florida follows a preference order. A standby or preneed guardian named by the ward while they still had capacity comes first, unless the court finds that appointment would be against the ward’s best interests. After that, the court gives preference to relatives, people with relevant professional experience, and people with the financial skills the case needs. The judge also weighs the wishes the incapacitated person expressed before losing capacity, and for a minor over 14, the minor’s own preference.³

Decide What Kind of Guardianship to Request

The type of guardianship you ask for shapes the scope of your authority and the obligations that follow. Florida recognizes several categories, and the Letters of Guardianship the court eventually issues will spell out exactly which one you hold.

Guardian of the person handles decisions about the ward’s daily life, including residence, medical treatment, and social services.
Guardian of the property manages the ward’s finances, which brings bond and annual accounting obligations.
Guardian of person and property covers both areas, and the court appoints this combined role when the ward cannot manage either independently.
A limited guardianship removes only specific rights the ward cannot exercise. It is the preferred approach when the ward retains some decision-making ability.
A plenary guardianship removes all delegable rights and is reserved for individuals the court finds completely unable to care for themselves.

File the Petition

Every guardian in Florida must be represented by a Florida-licensed attorney. Florida Probate Rule 5.030 makes this mandatory, and the only exception is a guardian who is personally a member of the Florida Bar.⁴ Your attorney prepares and files the Petition for Appointment of Guardian with the Clerk of the Court in the circuit where the proposed ward lives.

The petition has to include specific information about both of you:⁵

The ward’s full name, age, residence, and mailing address.
The nature of the alleged incapacity, or the fact that the ward is a minor.
Whether you’re asking for plenary or limited authority, and whether it covers person, property, or both.
Your relationship to the ward, your address, and why you should be appointed.
Names and addresses of the ward’s next of kin, so all interested parties can be notified.
A description of the ward’s assets, including bank accounts, real estate, investments, and income.

If the ward previously executed a will naming a preferred guardian, or signed a preneed guardian designation, identify those documents in the petition. Gather financial records early. Missing asset information is one of the most common reasons petitions stall. The filing fee runs about $400 in most Florida circuits.

What Happens After You File

Several things move quickly once the petition is on the docket.

The Court Appoints an Attorney for the Ward

The court appoints an independent attorney to represent the alleged incapacitated person and protect their civil rights throughout the case. That attorney’s fees come from the ward’s estate, not from you, unless the court finds the charges unreasonable.⁶

A Three-Member Examining Committee Evaluates the Ward

Within five days of the petition being filed, the court appoints a three-member examining committee. At least one member must be a psychiatrist or physician; the other two can be psychologists, social workers, registered nurses, gerontologists, or other qualified professionals the court selects. Each member examines the alleged incapacitated person individually and files a written report within 15 days, evaluating the person’s ability to exercise specific rights, including the right to vote, marry, manage property, consent to medical treatment, and choose where to live.⁷

The Judge Holds a Hearing and Signs Letters of Guardianship

At the hearing, the judge reviews the committee’s reports and takes testimony about your suitability. The alleged incapacitated person has the right to attend, present evidence, and cross-examine witnesses through their court-appointed attorney. If the judge finds clear and convincing evidence of incapacity, the order specifies which rights are removed and the Letters of Guardianship grant you authority to act.

Clear the Training, Background Check, and Bond

Florida requires guardian education, but the training happens after appointment, not before. You have four months from the date your Letters are signed to complete an eight-hour course covering your legal duties, the ward’s rights, local resources, and how to prepare guardianship plans and financial accountings.⁸ One narrower version applies: a parent appointed solely as guardian of their own minor child’s property needs only four hours, focused on financial duties and asset management. The court can waive or add to these requirements based on your background and the ward’s needs, and training costs may be paid from the ward’s estate unless the court orders otherwise. Approved courses are offered through court-approved organizations, community colleges, guardianship associations, and the Office of Public and Professional Guardians. Completing the training early is not required, but it signals competence and lets you understand the job before it starts.

You’ll also submit fingerprints for a criminal history check through the Florida Department of Law Enforcement and the FBI. Prints go in electronically through a Livescan device, and the fingerprinting and background check typically cost between $50 and $100 depending on the provider.⁹ For a family (nonprofessional) guardian, a credit history check is at the court’s discretion rather than automatic.¹⁰

If you’re appointed guardian of property, you must post a surety bond before you can exercise any authority over the ward’s assets. The court sets the amount, and it has to be at least equal to the ward’s cash on hand, bearer bonds, and other easily liquidated personal property combined. A ward with $200,000 in bank accounts, for example, produces a bond of at least $200,000. Premiums are typically a percentage of the bond amount, paid annually from the ward’s estate. If the bond would be burdensome, the court can allow the ward’s assets to be deposited in a designated financial institution under court-supervised restrictions instead, or waive the bond entirely for compelling reasons.¹¹

When You Need Emergency Authority

If the person faces immediate danger, the standard timeline may be too slow. Florida courts can appoint an emergency temporary guardian when there is imminent risk that the person’s health or safety will be seriously harmed, or that their property will be wasted or stolen without immediate intervention. A petition for determination of incapacity must already be on file. The court gives the alleged incapacitated person and their attorney at least 24 hours’ notice of the hearing, unless the petitioner shows even that brief delay would cause substantial harm. Emergency authority lasts 90 days or until a permanent guardian is appointed, whichever comes first, and can be extended once for another 90 days if the emergency continues.¹²

What the Court Expects From You Once You’re Appointed

Appointment is the beginning of the work, not the end. Florida imposes strict ongoing reporting obligations, and judges do remove guardians who fall behind.

Your first filing is due within 60 days after your Letters are signed. Guardians of property file a verified inventory of all the ward’s assets. Guardians of the person file an initial guardianship plan describing the ward’s current condition and your plan for their care. Either report must be served on the ward, unless the ward is a minor under 14 or totally incapacitated, and on the ward’s attorney.¹³

After that, reports are annual. A guardian of the person files an annual guardianship plan that includes a medical evaluation by a physician or advanced practice registered nurse who examined the ward within 90 days before the start of the reporting period.¹⁴ A guardian of property files an annual financial accounting, typically due by April 1 for the preceding calendar year. Both reports must include a declaration of any compensation you received from any source for services related to the ward. Interested parties, including the ward, have 30 days after filing to submit written objections. Missing the deadline can bring contempt, removal, or other sanctions.¹⁵

Costs to Budget For

Most guardianship costs are paid from the ward’s estate, but knowing the full picture up front prevents surprises:

Filing fee: about $400 in most Florida circuits.
Your attorney: usually the largest single expense, varying with case complexity.
Court-appointed attorney for the ward, paid from the ward’s estate under court supervision.⁶
Examining committee fees: roughly $250 to $400 per member for their examination and report.
Background check: $50 to $100 for fingerprinting and criminal history screening.
Guardian education course: cost varies by provider and may be paid from the ward’s estate.
Bond premium for guardians of property, calculated as a percentage of the bond amount and paid annually.
Annual report audit fees charged by the Clerk of Court, typically $20 to $250 depending on the size of the estate.

All reasonable guardian and attorney fees are subject to court approval. The judge weighs time spent, case complexity, the size of the estate, and the results achieved before authorizing payment.⁶

1
Florida Courts. Guardianship
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Florida Senate. Florida Code 744.309 – Who May Be Appointed Guardian of a Resident Ward
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The Florida Legislature. Florida Code 744.312 – Considerations in Appointment of Guardian
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Florida Courts. Florida Probate Rules – Rule 5.030 Attorneys
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The Florida Legislature. Florida Code 744.334 – Petition for Appointment of Guardian or Professional Guardian, Contents
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Florida Senate. Florida Code 744.108 – Guardian and Attorney Fees and Expenses
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The Florida Legislature. Florida Code 744.331 – Procedures to Determine Incapacity
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Justia Law. Florida Code 744.3145 – Guardian Education Requirements
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Florida Department of Law Enforcement. National Criminal History Record Check
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Florida Senate. Florida Code 744.3135 – Credit and Criminal Investigation
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Florida Senate. Florida Code 744.351 – Bond of Guardian
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Florida Senate. Florida Code 744.3031 – Emergency Temporary Guardianship
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Florida Senate. Florida Code 744.362 – Initial Guardianship Report
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Florida Senate. Florida Code 744.3675 – Annual Guardianship Plan
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Justia Law. Florida Code 744.367 – Duty to File Annual Guardianship Report