Question 1

What is voluntary guardianship for adults in Florida?

Accepted Answer

Voluntary guardianship (Section 744.341): a guardianship established by an adult who: is mentally competent but recognizes that they need assistance managing their property. The adult: voluntarily petitions the court for a guardian (as opposed to an involuntary guardianship: where someone else petitions because the person is incapacitated). The voluntary guardian: manages the ward’s property (financial affairs) but: the ward retains all civil rights (the ward is not adjudicated incapacitated), the ward can revoke the guardianship at any time, and the scope of the guardianship is limited to property management. The voluntary guardianship: is a less restrictive alternative to: full involuntary guardianship.

Question 2

How is voluntary guardianship established in Florida?

Accepted Answer

Establishment: the adult files a petition with the circuit court (stating: the need for a guardian, the proposed guardian, and the property to be managed), the court appoints an examining committee (to verify that the adult understands: the nature of the guardianship and the consequences of the petition), the court approves (if satisfied that the adult is competent and the guardianship is appropriate: the court enters an order establishing the guardianship and appointing the guardian), and the guardian posts bond (if required by the court: the bond protects the ward’s assets). The guardian: must file: an initial inventory of the ward’s assets, annual reports with the court, and an annual accounting of all financial activity.

Question 3

What are the limitations of voluntary guardianship in Florida?

Accepted Answer

Limitations: property only (the voluntary guardian: manages the ward’s financial affairs but cannot: make medical decisions, determine living arrangements, or make personal decisions for the ward), revocable (the ward can revoke the guardianship at any time: by filing a notice with the court), court supervision (the guardian: must file annual reports and accountings; the court monitors the guardian’s performance), and competency (the ward must be competent to establish the guardianship: if the ward becomes incompetent: the voluntary guardianship may need to be converted to an involuntary guardianship). Alternative: a durable power of attorney: may achieve the same result without court involvement.

Voluntary Guardianship for Adults

Florida Voluntary Guardianship for Adults

What It Is

Establishment

Limitations

Related Terms

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