Elder Justice Center

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What background investigation is required of guardians?
What education is required of guardians?
Do guardians have to file reports?
Who reviews the reports filed by the guardian?

"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.

" 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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.Elder Justice Center - FAQS