Questions About Guardianship

What is meant by "Age of Majority"?

In the state of Florida, the "age or majority" is 18 years of age. 

What happens when a child reaches the "age of majority"?

In the state of Florida, when a child reaches the "age of majority", the law says that the natural parents are no longer the legal guardians.  (This is not the case in all states, however, since in some states the legal rights under IDEA do not transfer at the "age of majority".)

What are the responsibilities of the child upon reaching the "age of majority"?

If the child is a male. he must register for the Selective Service at age 18, even if he has a disability.

The child must register to vote.

The child must represent themselves in legal matters such as renting an apartment, getting a loan, signing a contract or being admitted to a hospital.

Even though there may be times when they require their parents' assistance with legal responsibilities, parents are no longer legally responsible for the child.  If the child wants someone else to represent them, they must give that person the legal right of guardianship to do so, even if that person is the biological parent.

What is guardianship?

A guardianship is the appointment of an individual by the court to exercise all or some control over another individual's person and/or property.  The appointment is usually made when an individual is incapable of exercising control for themselves.  The person who is appointed by the court is referred to as the Guardian, and the person who is subject to the proceeding is referred to as the Ward.

Are guardianships established for the elderly only?

Guardianships are also established for minors in several situations.  For example, if a minor has received a settlement greater than $5,000.00, a guardian of his or her property must be appointed.  There are also instances where family members, such as grandparents, are appointed as guardians when the parents of the minor are unwilling or unable to care for the minor child.

What steps can I take if I know an individual that is incapable of caring for themselves and needs a guardian?

The firs step is to contact an attorney.  The clerk's office may not give legal advice or guidance in completing the various guardianship forms and reports that are required.  If you are able and qualified to serve as guardian, you may petition to be appointed guardian through an attorney.  If you do not wish to be appointed guardian, it is possible that a professional guardian may be appointed.

What are the qualifications to serve as guardian?

Any resident of this state who is not under any legal disability or the power of another and is 18 years of age or older is qualified to act as guardian or a ward.  Further qualifications can be found in Section §744.309, Florida Statutes.

What is the guardian responsible for?

This depends upon the type of guardianship that has been established and the nature of the ward's incapacity or needs.  Each guardianship is tailored by the Court in relation to the needs of the ward.  A guardian can be appointed to represent the person or the ward's property or both.

Are guardians required to have special training?

Individuals wanting to serve as guardians are required to attend an eight (8) hour  training class.  These classes are held approximately four (4) times a year.  You can call the Probate/Mental Health department of the Clerk's office at (352) 620-3874 to find out when and where the next class is being held.

*Contact College of Central Florida (CFCC) for information about their court-mandated training courses concerning guardianship issues, duties and responsibilities.  They offer a Four-Hour Guardianship and an eight-hour Guardian Education Training course.  Please note there is a fee for these courses. Marion: 873-5804. Citrus: 746-6721. Levy: 493-9533. www.CCFCtraining.com

 Are there special proceedings for persons who are developmentally disabled, such as Downs syndrome or mental retardations?

Guardianships can be established for such persons, and are much less complex than the traditional way of establishing a guardianship for an adult person who is mentally incapacitated.

Who monitors the guardianship to ensure that advantage is not taken of the ward?

A guardian is required to submit periodic reports regarding the condition of the ward and/or the ward's assets.  The Clerk's office is responsible for the initial review of these reports.  After the reports are audited by the clerk, they are taken to the presiding Probate Judge for review.  If it appears that the guardian is not performing his or her duties properly, the court will take the necessary steps to protect the ward and/or their assets.

What does the term "guardian advocate" mean?

According to Florida Statute 393.063 (25) the definition is as follows:

""Guardian Advocate" means a person appointed by the circuit court to represent a person with developmental disabilities in any proceedings brought pursuant to s. 393.12, and excludes the use of the same term as applied to a guardian advocate for mentally ill persons in chapter 394."

How soon can I begin the guardianship process?

You are not allowed to begin the process until 30 days after the child's 18th birthday, but since it can be a very lengthy process, it is recommended that you not delay much longer than that time.

For more information on guardianship in Marion County, contact:

David R. Ellspermann

Clerk of the Circuit Court

110 NW 1st Avenue

Ocala, FL 34475

(352) 620-3904

http://www.marioncountyclerk.org

 

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What's in the Guardian Handbook?