Thursday, November 15, 2007

Are There Laws Regarding Turn Key Guardians and How Guardians are Chosen?

by Maria Gallo, Esquire

F.S. 744.3031 For Emergency Guardianship Petition

The statute allowing for an Emergency Temporary Guardianship is § 744.3031(1).

According to the statute, an Emergency Temporary Guardianship is for those situations where it is necessary to provide immediate care after a petition to determine incapacity has been filed but before the appointment of a plenary guardian.

Once a plenary guardian has been appointed, he or she may only be replaced or removed as directed in Florida statute and Florida probate rules (which also apply to guardianship proceedings).

The plenary guardian must resign and properly petition for discharge. Such resignation and the petition for discharge must be noticed to interested parties. The notice should include a provision advising of a 30 day period to object to the resignation as provided in Florida Probate Rule 5.650(d).

As part of this discharge, the plenary guardian would also be required to file his or her final accounting.

A discharge petition must contain the guardian's wish to resign, the amount of compensation to be paid to the guardian and others employed by the guardian, and the name of any successor guardian (if any) or that a successor guardian needs to be appointed. (See Florida Probate Rule 5.650 (b).)

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