Elder Justice Center
Frequently Asked Questions

Program Brief
(an overview of the program)


Elder Justice Center	Una Guia Al Centro De Justicia Para Personas Mayores

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Choose a question:

What background investigation is required of guardians?
What education is required of guardians?
Do guardians have to file reports?
When are reports due and what periods do they cover?
Who reviews the reports filed by the guardian?
What forms does the Elder Justice Center use?
Where can I find a listing of attorneys for guardianship and guardian advocacy cases?
How can an attorney be placed on the Attorney Listings for Guardianship/Guardian Advocacy Cases?
Can I just choose any person off the Attorney Listings for guardianship/guardian advocacy cases?
What is expected of a guardian upon the death of a ward?

"What background investigation is required of guardians?"

Florida law states that all professional guardians must submit, at his or her own expense, to an investigation of the guardian's credit history and investigatory check. The investigatory check is done by obtaining fingerprint cards from the Clerk of Circuit Court, Guardianship and Probate Division. The completed fingerprint cards must be returned to the Clerk's office. The Clerk's office will forward completed fingerprint cards to the appropriate law enforcement agencies. The fees associated with the processing of the fingerprint cards are: $5.00 clerk fee and $39.00 FDLE (Florida Department of Law Enforcement) fee.

The statute also allows the court system to require a non-professional guardian to submit to a credit and background investigation. If required, the same procedure is followed.
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"What education is required of guardians?"

Professional guardians are required to complete a forty (40) hour training course within one (1) year of becoming a professional guardian. After completing this course, a professional guardian must receive a minimum of sixteen (16) hours of continuing education every two (2) calendar years. This course must be approved by the Office of the Public Guardian.

Non-professional guardians are required to complete an eight (8) hour training course within one (1) year of being appointed a guardian. This course must be approved by the chief judge.
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"Do guardians have to file reports?"

Yes. Guardians must file certain reports to let the court know the status of the Ward. Below is a description of the type of report, the time period it covers, and when it is due.

REPORT	DUE DATE	DATES COVERED	REQUIRED DOCUMENTATION
Initial Guardian Plan	Within 60 days from date of issue of letters of guardianship	From date of issue of letters of guardianship through the last day of that month, one year later	Initial guardian plan
Example: Letters of guardianship signed on 4/15/98	Between 4/15/98 and 6/15/98	From 4/15/98 through 4/30/99
Initial Inventory	Within 60 days from date of issue of letters of guardianship	Inventory of assets and liabilities on hand on date of filing	Verified inventory Most recent bank statements Copies of appraisals Audit fee, or fee waiver petition
Example: Letters of guardianship signed on 4/15/98	Between 4/15/98 and 6/15/98	Inventory information up to date of filing
Amended Inventory	Within 30 days of finding asset		Amended inventory Copy of appraisal Bank statements
Annual accounting (calendar year)	On or before April 1st of the next calendar year	From 1/1 through 12/31 of the calendar year	Annual accounting Current bank statements Audit fee
Example: Annual accounting for calendar year 1998	On or before 4/1/99	From 1/1/98 through 12/31/98
First Annual Plan (fiscal year)*	Within 90 days from the last day of the anniversary month of the letters of guardianship	The plan is prospective. It begins the first day of the initial plan expired through the last day of the anniversary month.	Physician's Report dated within 90 days prior to filing
Example: Letters of Guardianship signed on 4/15/98	By 7/31/99	From 5/1/99 through 4/30/99
First annual accounting (fiscal year)*	Within 90 days from the last day of the anniversary month of the letters of guardianship	From the day the letters of guardianship were signed through the last day of the next anniversary month of the signing	Annual accounting Current bank statements Audit fee
Example: Letters of guardianship signed on 4/15/98	By 7/31/99	From 4/15/98 through 4/30/99
Second annual accounting (fiscal year)	Within 90 days from the last day of the anniversary month of the letters of guardianship	From the 1st day after the previous accounting expired through the last day of the anniversary month of the letters of guardianship	Annual accounting Current bank statements Audit fee
Example: Letters of guardianship signed on 4/15/98	By 7/31/00	From 5/1/99 through 4/30/00
Second annual guardianship plan (fiscal year)	Within 90 days from the last day of the anniversary month of the letters of guardianship	From the 1st day after the previous plan expired through the last day of the anniversary of the letters of guardianship	Annual accounting Current bank statements Audit fee
Example: Letters of guardianship signed on 4/15/98	By 7/31/00	From 5/1/00 through 4/30/01
*Note: Periods covered by the annual accounting reports and the annual guardian plans filed on the same year are different. The annual accounting reports on what transpired during the previous year only, while the annual guardian plan evaluates the ward's care and condition over the previous year, as well as provides plans for the coming year.

"When are reports due and what periods do they cover?"

GUIDE TO FILING REPORTS

INITIAL REPORTS OF THE PERSON

Month Letters were signed	Report is due by...	Should cover these dates
January	60 days from date Letters were signed	Date Letters signed through January 31 of following year
February	60 days from date Letters were signed	Date Letters signed through February 28 (29) of following year
March	60 days from date Letters were signed	Date Letters signed through March 31 of following year
April	60 days from date Letters were signed	Date Letters signed through April 30 of following year
May	60 days from date Letters were signed	Date Letters signed through May 31 of the following year
June	60 days from date Letters were signed	Date Letters signed through June 30 of following year
July	60 days from date Letters were signed	Date Letters signed through July 31 of following year
August	60 days from date Letters were signed	Date Letters signed through August 31 of following year
September	60 days from date Letters were signed	Date Letters signed through September 30 of following yr
October	60 days from date Letters were signed	Date letters signed through October 31 of following year
November	60 days from date Letters were signed	Date Letters signed through November 30 of following yr.
December	60 days from date Letters were signed	Date Letters signed through December 31 of following yr.

ANNUAL PLANS

Month Letters Issued	Plan is due between	Should cover these dates
January	January 31-April 30	02/01 through 01/31
February	February 28- May 31	03/01 through 02/28 (29)
March	March 31-June 30	04/01 through 03/31
April	April 30 - July 31	05/01 through 04/30
May	May 31 - August 31	06/01 through 05/31
June	June 30 - September 30	07/01 through 06/30
July	July 31 - October 31	08/01 through 07/31
August	August 31 - November 30	09/01 through 08/31
September	September 30 - December 31	10/01 through 09/30
October	October 31 - January 31	11/01 through 10/31
November	November 30 - February 28	12/01 through 11/30
December	December 31 - March 31	01/01 through 12/31

REMEMBER: Plans of the Person are prospective, covering the year ahead. Accountings are retrospective, covering the year that has passed.
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" Who reviews the reports filed by the guardian? "

The clerk is required by law to audit the reports filed. A fee is charged for this audit. Additionally, the Elder Justice Center reviews the annual plans and accountings filed by the guardian. No fee is charged for this review.
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" What forms does the Elder Justice Center use?"

See Tools for Guardians
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"Where can I find a listing of attorneys for guardianship and guardian advocacy cases?"

Click here to view a listing.

"How can an attorney be placed on the Attorney Listings for Guardianship/Guardian Advocacy Cases?"

Any lawyer, upon request and submission of a completed Elder Justice Center Attorney Listing/Update Form, may be placed on the list and the Elder Justice Center is not actually recommending the attorneys on the list or vouching for their competency.

"Can I just choose any person off the Attorney Listings for guardianship/guardian advocacy cases?"

Yes, you may also wish to contact the Hillsborough County Bar Association’s Lawyer Referral Service, at (813) 221-7780, or Bay Area Legal Services, at (813) 232-1343 or 1-800-625-2257, for assistance in finding an attorney. The best way to find an attorney is through the recommendation and personal experience of trusted friends. The important thing is to find a lawyer that you trust. This sounds obvious, but it is essential. You will be giving your lawyer the power to make important decisions for you, and you must believe that he or she is working for your best interest. Your lawyer should have experience in the area of law you need. Find out how much the lawyer will charge. If you decide to hire that lawyer, make sure you receive a written contract stating what all of the costs will be. Your lawyer may have to hire an investigator or an expert, and the costs may be passed on to you. You should require your approval of any additional costs that are incurred after the signing of the contract. Remember, the hiring of an attorney is an important decision that should not be based solely upon advertising or placement on a list such as this. Before you decide on an attorney ask for free written information about the firm, its qualifications and experience.

"What is expected of a guardian upon the death of a ward?"

Within 30 days after the death of the ward, the guardian will file a notice of death. A certified copy of the ward’s death certificate must be applied for within 15 days of the ward’s death and filed immediately upon receipt. The guardian of the property must file a final report in compliance with section 744.527, Florida Statutes, and Florida Probate Rule 5.680, unless waived in writing by all necessary interested persons, and petition for discharge, unless extended by court order. Any objections to the final accounting or discharge are required to be filed in accordance with Florida Probate Rule 5.680.

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Elder Justice Center Frequently Asked Questions

Elder Justice Center
Frequently Asked Questions