GUARDIANSHIP CASE MANAGEMENT FAQs
How do I get prepared to assume guardianship duties for a family member or a minor who is in need of care?
The Guardianship Case Management program offers a class that teaches persons how to:
- Complete your annual reports to the Court.
- Protect the rights of the incapacitated.
- Marshal and manage finances.
- More information about classes and registration can be found HERE.
What background investigation is required of guardians?
There is a distinction between professional guardians, and nonprofessional guardians. Florida law states that all professional guardians must submit, at his or her own expense, to a credit history investigation and a Level II criminal background check.
The statute also allows the court system to require a non-professional guardian to submit to a credit and background check. If required, the proposed guardian must submit identifying information to the court, so the court can perform the background check. This is typically achieved by completing the Application for Appointment as Guardian.
How can I become a Professional Guardian?
How does one maintain one’s status as a Professional Guardian?
Once established, annually, a professional guardian will need to renew their registration with the Office of Public and Professional Guardians, and update their file in the Clerk's office. Click on Professional Guardian File Annual Review Checklist to view a sample.
Every (2) years, Professional Guardians are also required to obtain thirty (30) continuing education credits. Contact the Florida State Guardianship Association for continuing education opportunities. Further information on continuing education opportunities can be found at the Office of Public and Professional Guardians, or at CE Broker. A full current credit report is also required to be filed every two years.
I’ve been appointed to be a guardian (nonprofessional guardian) by the court. What do I do?
Florida Law requires every person appointed by the court as a guardian, to receive a minimum of 8 hours of instruction and training on guardianship-related matters within 4 months of appointment. Family Guardianship classes have been developed and approved by the court, and are designed to inform those who have been assigned to be a guardian for a child or an incapacitated person. The class provides individuals with information on the responsibilities necessary to perform the duties of a guardian. Classes are held at the Hillsborough County Courthouse in downtown Tampa. Pre-registration is required. A $75 fee covers the 8-hour course and includes a book. The 4-hour class for guardians of the property of a minor cost $35.00. To register, call the Guardianship Case Management department at (813) 276-2726.
What forms does the Guardianship Case Management department use?
Guardianship Report Review Forms are completed by the court staff, after review of initial and annual guardianship reports, and then forwarded to the guardianship judge for consideration, along with the Clerk’s Audits, before the judge enters orders on those reports.
A checklist is completed by the Court’s staff when reviewing guardian fee petitions for the judge. The form summarizes information contained in the petitions and in the court files. The completed document is forwarded to the judge for consideration, before the judge enters a preliminary fee order. If only a portion of the fees requested can be approved without a hearing, an order is entered authorizing the guardian to immediately make payment of that initially approved amount, and a hearing is scheduled to address the rest of the fees requested.
Do guardians have to file reports?
Yes. Guardians must file certain reports to let the court know the status of the Ward. Click here for the reporting forms utilized by the 13th Circuit.
When are reports due and what periods do they cover?
Click here to access Guide to Filing Reports.
What forms do I use for my Initial and Annual Reports?
See the Forms Page for links to available forms.
I have been authorized to file a Simplified Plan. Which form do I use?
If you have received a court order that authorizes you to use a Simplified Plan form, you must use the following, current version of the forms. You may use this form only if the court has authorized you to do so.
Click Forms to be directed to the Forms Page, to access the Simplified Annual Plan forms.
What other Guardianship resources are available?
Click here for other Guardianship resources.
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 with the Court 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.
Who reviews the reports filed by the guardian?
The clerk is required by law to audit the reports filed. A fee is charged for the audits of Verified Inventories and Annual Accountings. Additionally, the court staff reviews the initial and annual plans and accountings filed by the guardian. No fee is charged for these reviews.
How do guardians access a request form to remove confidential information from information previously filed with the clerk’s office?
Guardians who wish to remove confidential information from information previously filed with the Clerk's Office may do so by using a request form available online, on the Clerk of Court's website. Go to "Forms" (under Quick Links), then scroll to "Notice of Confidential Information within Court Filing. The form may be completed online but not submitted online. A hard copy must be submitted either in person, at the Office of the Clerk of Court's Probate/Guardianship Division, 800 E. Twiggs Street, Tampa, Florida or mailed to Clerk of the Circuit Court, Attn: Probate/Guardianship, P.O. Box 3360, Tampa, FL 33601. If you have questions about the form or need assistance, please contact the Clerk of Circuit Court at 813-276-8100, extension 7810.
Where can I find a listing of attorneys for guardianship and guardian advocacy cases?
Click here to view the Attorney Listings for Guardianship/Guardian Advocacy Cases.
How can an attorney be placed on the Attorney Listings for Guardianship/Guardian Advocacy Cases?
Any lawyer, upon request and submission of a completed Attorney Listing/Update Form, may be placed on the list. The Guardianship Case Management department is not actually recommending the attorneys on the list or vouching for their competency.
Who staffs the Guardianship Case Management Department?
The Guardianship Case Management department employs full-time case managers who provide case management review in guardianship cases. These individuals provide support to the court by reviewing all guardianship plans and accountings to ensure that the court is receiving adequate information on the ward. If the court has questions that require further information, these case managers can be appointed as a court monitor to investigate the court's concerns. Upon completion of the investigation, a report is filed with the court and sent to interested parties.