A guardian is a person who has been appointed by the court to act
on behalf of a ward's person or property, or both.
What is a limited guardian?
A limited guardian is a person who has been appointed by the
court to exercise the legal rights and powers specifically designated
in the court's order. A court will enter such an order after the
court has found that the ward lacks the capacity to do some, but
not all, of the tasks necessary to care for his or her own person
or property. A court may also enter such an order after a person
has voluntarily petitioned for the appointment of a limited guardian.
What is a plenary guardian?
A plenary guardian is a person who has been appointed by the
court to exercise all delegable legal rights and powers of the
ward after the court has found that the ward lacks the capacity
to perform all of the tasks necessary to care for his or her own
person or property.
What is an incapacitated person?
An incapacitated person is a person who has been judicially determined
to lack the capacity necessary to manage at least some of his
or her property or who cannot provide for his or her own health
and safety. Refer to
Judicial Determinations of Incapacity for more information.
What types of reports are required
of a guardian?
The guardian of the person is required to file an initial guardianship
plan and an annual guardianship plan. The guardian of the property
is required to file an inventory and an annual financial return.
Reports should be filed with the Clerk's Probate Division, located
at 425 North Orange Avenue, Room 340, Orlando, Florida 32801.
When are the reports due?
The initial reports must be filed within 60 days after letters
of guardianship are issued. The annual reports must be filed 90
days after the last day of the anniversary month in which the
letters of guardianship were issued.
Are there any audit fees involved in filing
the reports?
There are no audit fees for an initial or annual guardianship
plan. 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.
-
