Do you need an attorney to file for guardianship in Florida?
Yes. A guardian must be represented by an attorney who will serve as “attorney of record.” Guardians are usually required to furnish a bond (financial institutions and public guardians are not required to file a bond) and may be required to complete a court-approved training program.
How much does it cost to get legal guardianship in Florida?
Guardianship Fees & Costs
| Filing Type | Cost |
|---|---|
| Guardianship of Person Only | $235 |
| Guardianship of Person/Property Ancillary | $400 |
| Guardianship of Property Only | $400 |
| Miscellaneous One Document Filing | $231 |
Do you get paid for legal guardianship?
When appointed by the court, a guardian makes decisions for the ward to ensure that the ward’s medical, social and emotional needs are met. Generally, a guardian is entitled to reasonable compensation. A guardian is generally paid an amount which is not more than five percent of the ward’s yearly income.
What disqualifies you from being a guardian?
A person cannot be appointed a guardian if: The person is incompetent (for instance, the person cannot take care of himself). The person is a minor. The court may appoint a person convicted of a felony if the court determines that the conviction should not disqualify the person from serving as a guardian.
How long does guardianship take in Florida?
How Quick Is The Process? For an uncontested guardianship, the process can usually be completed within 90 days. This process can be delayed if the guardianship is based on a mental health diagnosis due to the medical evaluation requirements.
Is guardianship the same as power of attorney?
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
How do you get guardianship in Florida?
In order to establish a guardianship, someone must file a petition with the local court where the alleged ward resides. This process is completed by hiring a local attorney to draft the petition. Once the petition is filed, the court will appoint an attorney to represent the alleged incapacitated person.
Can an attorney be a guardian?
If you wish to be appointed as a guardian, it is advisable to seek the services of a guardianship lawyer who is experienced in the guardianship process. They can also explain to the court why a guardianship is necessary and why you are qualified to be appointed as the guardian of the ward.
