MAGISTRATE ASSIGNMENTS:
New Incapacity/Guardianship Cases
These cases are divided on an odd/even basis, based on the related guardianship (CP) case numbers, not the incapacity (MH) numbers. Incapacity cases with a related guardianship (CP) case numbers ending with an even number (0, 2, 4, 6 & 8) are assigned to Magistrate Neaves and those with related case numbers ending with an odd number (1, 3, 5, 7 & 9) are assigned to Magistrate Cadigan.
Other Mental Health (MH) Case Assignments
Baker Acts (Wed. & Thurs.) |
Magistrates alternate weeks
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Adult Protective Services Cases
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Odd numbers – Magistrate Cadigan
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Even numbers – Magistrate Neaves
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Suggestions of Capacity
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Odd/even split based on related guardianship/CP#
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(In rare instance where there’s no CP file, then split based on MH#
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Tuberculosis Cases
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Magistrate Neaves (Cadigan back up)
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Firearm Disability Orders
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Magistrates Neaves (Cadigan back up)
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Other Guardianship/Guardian Advocate (CP) Assignments
Minor Guardianships of Person |
Odd numbers – Magistrate Cadigan
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(With or without Property)
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Even numbers – Magistrate Neaves
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Voluntary Guardianships
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(same as above – odd/even)
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Guardian Advocate Cases (F.S. 393.12)
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(same as above – odd/even)
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Successor Guardianships (includes Guardian Advocates)
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(same as above – odd/even)
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Suggestions of Restoration Rights (F.S. 393.12)
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(same as above – odd/even)
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(Judges handle Minor Guardianships of Property & Emergency Temporary Guardianships)
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HEARING DATES:
In most instances, hearing dates will not be provided until all required documents have been filed. The applicable Administrative Order is S-2021-077. The appointment of a guardian or guardian advocate involves a screening process that must be completed prior to the hearing and is dependent on the proposed guardians providing the necessary information and documentation. NOTE: Any non-professional guardian seeking appointment as to property rights must submit a copy of their full credit report to the Court for review. It should not be filed in the court file. Instead, it should be mailed in or hand delivered to the Clerk of Court and it must be dated within the last twelve months.
MANNER OF HEARINGS:
Most hearings are conducted via Zoom videoconferencing. A unique Meeting ID will be provided by the magistrate’s office for each hearing.
Please make sure that you have downloaded the Zoom application in advance of the hearing and have tested out your camera and microphone. You must also have a stable internet connection.
Please be in a quiet room or area when appearing for your hearing; no other parties should be present in the room absent court approval.
Please make sure that your screen name in the Zoom app is your full legal name. Do not identify yourself with nicknames or the devices name or phone number.
You are not permitted to be driving while the hearing is taking place.
Please have the camera directed toward your face and ensure that your entire face can be seen. Photo Identification Required: All parties and witnesses that will be testifying at the hearing must present their valid government-issued photo identification in order to be placed under oath by the magistrate.
PROPOSED ORDERS:
It is preferred that all proposed orders be e-mailed to the magistrate’s office in Microsoft Word format. The email address for submitting proposed orders is: deeth@fljud13.org
Case Headings/Style: The correct name of the Division is the Probate, Guardianship, Mental Health and Trust Division. The preferred case style is as follows. A box for the old Clerk’s Office stamp at the top right of the first page is no longer required. Please avoid the use of columns or tables in your proposed order. Keep the formatting of the document as simple as possible to ensure that any necessary editing can be made as easily as possible.
Sample:
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
PROBATE, GUARDIANSHIP, TRUST AND MENTAL HEALTH DIVISION
IN RE: The Guardianship/Guardian Advocacy of
Case No.: __-CP/MH-____
Subject’s Name
Alleged Incapacitated Person* Division: A/B/U/W
_________________________________________/
*Or Subject/Ward/Person with Developmental Disability/Minor/Minor Ward, etc.
JAWS E-DELIVERY OF MAGISTRATE’S REPORTS AND RELATED ORDERS:
All attorneys appearing before the magistrate must ensure that they have added their names and email addresses to JAWS in order to ensure e-delivery of the magistrates reports and the related orders. In any involuntary guardianship matter, the contact information must be added to both the MH and the CP case numbers.
LANGUAGE INTERPRETERS:
It is not the obligation of the Court to furnish a translator in any incapacity, guardianship or guardian advocacy hearing. The magistrate’s office only arranges for court interpreters for the subjects in Baker Act proceedings. If a party or witness requires language interpreter services, it is the responsibility of the party to provide a court certified interpreter at their expense. The translator may not be a friend or family member. Parties needing assistance may contact the Court Interpreter Center at 813-272-5947 to obtain a list of certified interpreters. Please be certain to make the appropriate arrangement in advance of the hearing.
ADA SERVICES:
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, 813-272-7040, at least seven (7) days before your scheduled court appearance, or immediately upon receiving notification of the hearing if the time scheduled before your appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.