Although parents are generally responsible for a minor child’s needs, there are circumstances when a guardian needs to be appointed. There may be a risk of both parents dying, or an ill single parent may be concerned about who will care for their young child if the worst were to happen. These parents can name a consenting guardian for the minor children in their will (if one exists) and a standby guardian if the first one becomes incapacitated or dies.
Florida law also specifies that guardians must be appointed to oversee wards (minor children subject to guardianships) if they receive a net settlement of more than $15,000 from a lawsuit or inheritance. Whether you are a concerned parent, another family member, or a friend, our guardianship attorneys care about families and can help you establish the guardianship of a minor in Florida.
Duties Assumed by the Guardian of a Minor
Guardians provide a young ward with the care that parents would give to their child, although guardianship is not the same as custody because it grants no parental rights. Custody generally refers to a parent caring for their child. Guardians attend to a child’s physical welfare and manage their assets, which includes:
- Providing a stable home with access to schools;
- Filing lawsuits on the minor’s behalf when warranted;
- Applying for government benefits if the minor qualifies;
- Managing money the minor receives, including giving an account to the court about how excess funds are preserved through savings and investments;
- Making healthcare decisions for minors.
The judge will terminate guardianship when the minor reaches age 18 in Florida. Guardians or other family members that can show the ward requires supervision past age 18 can ask the court to reinstate the arrangement for an adult. If a guardian is also acting as custodian over a minor’s assets under The Uniform Transfers to Minors Act (UTMA), disbursements are sometimes made up to the age of 25. Consult with a Florida lawyer now for more information about guardianship of a minor.
Who Can and Cannot Serve as a Guardian to a Child?
Adults who wish to serve as guardians must be competent and Florida residents, unless they live in another state but are directly related to the ward, including if the ward is an adopted child. The court also has a choice of a professional guardian or, for financial matters only, a bank or brokerage firm offering this service.
If the court determines that a prospective guardian cannot execute their duties properly due to illness or mental incapacity, they will be unable to serve as a guardian.
Additionally, non-professionals must submit to criminal and credit background checks. Anyone convicted of a felony or who is found to have neglected, abused, or abandoned a child, along with select other offenses, cannot assume a guardianship role. Professional and corporate guardians are also subject to complete background investigations.
Training Required
Guardians appointed by the court to act on a minor’s behalf are required under Florida law to satisfactorily complete a training course within four months of the judge’s appointment. Guardians for a ward’s property must complete four hours of targeted training, while guardians for both person and property must complete eight hours of training. Periodic reports are due to the court to monitor a guardian’s performance, with an Initial Guardianship Plan based on recommendations by a court committee filed within 60 days of establishing a guardianship. Annual reports are also required.
Talk to Our Team About Guardianship of a Minor in Florida Today
Many factors play into setting up guardianship of a minor. Caring for a child can seem daunting enough without having to comply with the law, but fortunately, there is help. Guardians should be represented by attorneys during the process.
The Florida Probate & Family Law Firm puts families first and we seek the most beneficial outcomes that protect the welfare of children. Guardianship of a minor in Florida is one way to stabilize minors by caring for their person and managing their assets. Call us today so we can schedule your free case evaluation.