Florida Adult Guardianship Petition + Letters of Guardianship Package

Florida Estate Planning & Wills Updated November 14, 2026 Free Word and PDF

FLORIDA ADULT GUARDIANSHIP PETITION + LETTERS OF GUARDIANSHIP PACKAGE

PART 0 — PRE-PETITION CHECKLIST

0.1 Pathway Selection

☐ Plenary Guardianship of Person and Property (Fla. Stat. § 744.331, § 744.334) — adult unable to exercise rights
☐ Limited Guardianship (Fla. Stat. § 744.102(9)(a)) — adult lacks capacity to exercise some but not all rights
☐ Voluntary Guardianship of Property (Fla. Stat. § 744.341) — mentally competent adult unable to manage their estate because of age or physical infirmity who voluntarily petitions
☐ Emergency Temporary Guardianship (Fla. Stat. § 744.3031) — imminent danger; lasts up to 90 days
☐ Preneed Guardian Declaration (Fla. Stat. § 744.3045) — for previously designated guardian

0.2 Less Restrictive Alternatives Review (Fla. Stat. § 744.331(6)(b))

☐ Existing Durable Power of Attorney (Fla. Stat. Ch. 709 Pt. II) reviewed
☐ Designation of Health Care Surrogate (Fla. Stat. Ch. 765 Pt. II) reviewed
☐ Living Will (Fla. Stat. § 765.302) reviewed
☐ Mental Health Advance Directive considered
☐ Trust arrangements considered
☐ Joint accounts, POD/TOD designations considered
☐ Representative Payee for federal benefits considered
☐ Preneed Guardian designation (§ 744.3045) reviewed
☐ Capacity to execute new advance directives medically evaluated — INSUFFICIENT

0.3 Pre-Filing Diligence

☐ Identification of all next of kin (Fla. Stat. § 744.3201(2))
☐ Confirmation petitioner is an adult person; record the petitioner's address and relationship to the alleged incapacitated person, if any (Fla. Stat. § 744.3201(1)-(2)(a))
☐ Confirmation proposed guardian is qualified and not disqualified (Fla. Stat. § 744.309, § 744.3135 background checks)
☐ Professional guardian registration if required (Fla. Stat. § 744.2002, § 744.2003)
☐ 8-hour guardianship education for non-professional guardian (Fla. Stat. § 744.3145)
☐ Court Approval of Guardian's Bond Estimate
☐ Filing fee for the applicable guardianship filing (Fla. Stat. § 28.2401) or affidavit of indigency

PART 1 — PETITION TO DETERMINE INCAPACITY (Fla. Stat. § 744.3201)

IN THE CIRCUIT COURT OF THE [____________________________] JUDICIAL CIRCUIT
IN AND FOR [____________________________] COUNTY, FLORIDA
PROBATE DIVISION

Caption
IN RE: GUARDIANSHIP OF File No.: [____________________________]
[NAME OF ALLEGED INCAPACITATED PERSON], Division: [____________________________]
AN ALLEGED INCAPACITATED PERSON. PETITION TO DETERMINE INCAPACITY
(Fla. Stat. § 744.3201)

1. PETITIONER

Petitioner, [FULL NAME], age [AGE], residing at [ADDRESS], is an adult person under Fla. Stat. § 744.3201(1).

Petitioner's relationship to AIP, if any: [RELATIONSHIP OR "NONE"].

2. ALLEGED INCAPACITATED PERSON ("AIP") (Fla. Stat. § 744.3201(2))

Field Information
Name [________________________________]
Age [____]
Date of birth [__/__/____]
Address [________________________________]
County of residence [________________________________]
Current location (if institutional) [________________________________]

Attending or family physician, if known (§ 744.3201(2)(f)): [NAME, ADDRESS / UNKNOWN]

3. NEXT OF KIN (Fla. Stat. § 744.3201(2)(h))

Name Relationship Address
[____________] Spouse [________________]
[____________] Adult child [________________]
[____________] Parent [________________]
[____________] Adult sibling [________________]
[____________] Adult grandchild [________________]

4. PRIMARY LANGUAGE OF AIP

[____________________________]

5. SPECIFIC FACTUAL INFORMATION GIVING RISE TO ALLEGATION OF INCAPACITY (Fla. Stat. § 744.3201(2)(e))

[________________________________]
[________________________________]
[________________________________]

Persons known to the petitioner to have personal observations of these facts (§ 744.3201(2)(e)):

Name Address Facts personally observed
[________________] [________________] [________________]
[________________] [________________] [________________]
[________________] [________________] [________________]

6. RIGHTS SOUGHT TO BE REMOVED (Fla. Stat. § 744.3215, § 744.3201(2)(g))

Right Sought to Remove
Delegable Rights (§ 744.3215(3)):
Right to contract ☐ Yes ☐ No
Right to sue and defend lawsuits ☐ Yes ☐ No
Right to apply for government benefits ☐ Yes ☐ No
Right to manage property / make gifts ☐ Yes ☐ No
Right to determine residence ☐ Yes ☐ No
Right to consent to medical / mental health treatment ☐ Yes ☐ No
Right to make decisions about social environment ☐ Yes ☐ No
Non-Delegable Rights (§ 744.3215(2) — court may also remove if specifically requested with findings):
Right to marry ☐ Yes ☐ No
Right to vote ☐ Yes ☐ No
Right to personally apply for government benefits ☐ Yes ☐ No
Right to have driver's license ☐ Yes ☐ No
Right to travel ☐ Yes ☐ No
Right to seek or retain employment ☐ Yes ☐ No

7. NAME OF PETITIONER'S ATTORNEY

[________________________________]

8. PRAYER

Petitioner prays:

☐ The Court appoint, within 5 days, an Examining Committee of three (3) members under Fla. Stat. § 744.331(3), at least one of whom shall be a psychiatrist or other physician
☐ The Court appoint an attorney for the AIP under Fla. Stat. § 744.331(2)
☐ The Court schedule a hearing on incapacity
☐ The Court adjudicate the AIP totally / partially incapacitated
☐ The Court grant such other relief as appropriate

VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing Petition and that the facts alleged therein are true to the best of my knowledge and belief.

[____________________________]
Petitioner

Date: [__/__/____]

PART 2 — PETITION FOR APPOINTMENT OF GUARDIAN (Fla. Stat. § 744.334)

Caption (same as above)

PETITION FOR APPOINTMENT OF PLENARY / LIMITED GUARDIAN

Petitioner alleges:

1. AIP DATA — see Petition to Determine Incapacity

2. NATURE AND VALUE OF PROPERTY SUBJECT TO GUARDIANSHIP (Fla. Stat. § 744.334(1))

Asset Description Value
Real property [____________] $[____________]
Personal property [____________] $[____________]
Bank/investment accounts [____________] $[____________]
Annual income [____________] $[____________]
Public benefits [____________] $[____________]

3. NAME OF PROPOSED GUARDIAN AND QUALIFICATIONS

Field Information
Name [________________________________]
Address [____________]
Relationship to AIP [____________]
Date of birth [__/__/____]
Resident of Florida ☐ Yes ☐ No
Family member ☐ Yes ☐ No
Professional guardian (Fla. Stat. § 744.102(17))? ☐ Yes ☐ No
If professional, registered under § 744.2002? ☐ Yes ☐ No
Background checks complete (§ 744.3135)? ☐ Yes ☐ No
Completed 8-hour guardianship education (§ 744.3145)? ☐ Yes ☐ No
Disqualified under § 744.309 / § 744.3135? ☐ No ☐ Yes

4. EXISTING ADVANCE DIRECTIVES (Fla. Stat. § 744.334(1))

Document Exists Date Agent/Surrogate
Durable Power of Attorney ☐ Yes ☐ No [__/__/____] [____________]
Designation of Health Care Surrogate ☐ Yes ☐ No [__/__/____] [____________]
Living Will ☐ Yes ☐ No [__/__/____] N/A
Mental Health Advance Directive ☐ Yes ☐ No [__/__/____] [____________]
Preneed Guardian Declaration ☐ Yes ☐ No [__/__/____] [____________]
Trust ☐ Yes ☐ No [__/__/____] Trustee: [____________]

5. PRAYER

Petitioner prays the Court appoint [NAME] as Plenary / Limited Guardian of the ☐ Person ☐ Property ☐ Both of [NAME OF WARD], fix bond, issue Letters of Guardianship, and grant such other relief as may be appropriate.

VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing Petition for Appointment of Guardian and that the facts alleged therein are true to the best of my knowledge and belief.

[____________________________]
Petitioner

Date: [__/__/____]

PART 3 — NOTICE OF PETITION TO DETERMINE INCAPACITY (Fla. Stat. § 744.331(1))

TO: [NAME OF ALLEGED INCAPACITATED PERSON]

PLEASE TAKE NOTICE that a Petition to Determine Incapacity and a Petition for Appointment of Guardian have been filed in this Court alleging that you are incapacitated. THESE PROCEEDINGS COULD RESULT IN THE LOSS OF YOUR LEGAL RIGHTS.

YOUR RIGHTS (Fla. Stat. § 744.331, § 744.3215):

  • The Court shall appoint an attorney to represent you in every incapacity case (§ 744.331(2)(b)). Court-approved attorney fees may be paid from the ward's property or, if the ward is indigent, initially by the state subject to its statutory claim (§ 744.331(7)).
  • You have the right to substitute your own attorney for the appointed attorney.
  • The Court will appoint an Examining Committee of three persons to evaluate you.
  • You have the right to be present at the hearing.
  • You have the right to present evidence and cross-examine witnesses.
  • The petitioner must prove your incapacity by clear and convincing evidence.
  • If found incapacitated, only rights specifically removed by the Court will be removed.

HEARING:

Detail Information
Date [__/__/____]
Time [____________________________]
Place [____________________________]
Judge [____________________________]

Service record: This notice and copies of the petitions were served on and read to the alleged incapacitated person, as required by § 744.331(1), by [NAME OF PERSON WHO SERVED AND READ THEM] on [DATE, TIME] at [PLACE]. Attach the required proof of service.

PART 4 — NOTICE TO NEXT OF KIN (Fla. Stat. § 744.331(1))

Notice has been served upon all next of kin identified in the Petition to Determine Incapacity:

Recipient Method Date Served
[____________] (spouse) [____________] [__/__/____]
[____________] (adult child) [____________] [__/__/____]
[____________] (parent) [____________] [__/__/____]
[____________] (adult sibling) [____________] [__/__/____]
[____________] (adult grandchild) [____________] [__/__/____]

PART 5 — APPOINTMENT OF EXAMINING COMMITTEE (Fla. Stat. § 744.331(3))

ORDER APPOINTING EXAMINING COMMITTEE

Pursuant to Fla. Stat. § 744.331(3), the Court appoints the following Examining Committee to examine [NAME OF AIP]:

Member Name Credentials Role
1 (must be psychiatrist or physician) [____________] M.D./D.O. [____________]
2 [____________] [____________] [____________]
3 [____________] [____________] [____________]

Each member must:

☐ File an affidavit affirming completion of required courses (or commit to complete within 4 months)
☐ Examine the AIP in person
☐ Use the AIP's primary language or qualified interpreter
☐ Consult with attending or family physician if available
☐ File written report within 15 days of appointment containing: diagnosis, evaluation of capacity, recommendations, and statement of which rights the AIP can/cannot exercise
☐ Receive statutory compensation (Fla. Stat. § 744.331(7))

Dated: [__/__/____] [____________________________]
Judge

PART 6 — APPOINTMENT OF ATTORNEY FOR AIP (Fla. Stat. § 744.331(2))

ORDER APPOINTING ATTORNEY FOR ALLEGED INCAPACITATED PERSON

The Court appoints [NAME OF ATTORNEY], Florida Bar No. [____________], as Attorney for the AIP under Fla. Stat. § 744.331(2). If a private attorney is appointed, identify the attorney registry maintained under Fla. Stat. § 27.40: [____________].

The Attorney:

☐ Shall personally interview the AIP
☐ Shall represent the AIP's interests at hearing
☐ Has completed at least 8 hours of guardianship education, ☐ qualifies for a court waiver based on the experience stated in § 744.331(2)(d), or ☐ is exempt as an attorney employed by an office of criminal conflict and civil regional counsel (§ 744.331(2)(d))
☐ Shall NOT serve as guardian of the AIP or as counsel for the guardian or petitioner (§ 744.331(2)(c))

The AIP may substitute the Court-appointed attorney with retained counsel.

Dated: [__/__/____] [____________________________]
Judge

PART 7 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS (Fla. Stat. § 744.331(6)(b))

The Court must consider, in determining the need for guardianship, whether less restrictive alternatives exist that are appropriate to meet the needs of the AIP.

Alternative Reviewed Currently Effective? Sufficient? Reason Not Sufficient
Durable POA ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No [____________]
Health Care Surrogate ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No [____________]
Living Will ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No [____________]
Trust ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No [____________]
Representative Payee ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No [____________]
Preneed Guardian Declaration ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No [____________]
Supported Decision-Making ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No [____________]

PART 8 — GUARDIAN AD LITEM REQUEST (Fla. R. Prob. P. 5.120)

A Guardian Ad Litem may be appointed for the AIP if conflicts of interest exist between AIP and proposed guardian, or to represent AIP's interests in any special matter. Request:

☐ GAL requested for following purpose: [________________________________]
☐ No GAL needed at this time

PART 9 — BOND (Fla. Stat. § 744.351)

Bond is required unless waived. Petitioner requests bond in the amount of $[____________].

Calculation:

Component Amount
Estimated value of personal property $[____________]
Estimated annual gross income $[____________]
TOTAL $[____________]

Waiver / reduction requested because:

☐ Corporate fiduciary / trust company or public guardian exempt from bond (§ 744.351)
☐ All liquid assets placed in restricted depository under § 69.031
☐ Limited guardianship of person only with no property powers

Restricted depository (Fla. Stat. § 69.031): all liquid assets to be placed in [NAME OF FINANCIAL INSTITUTION], requiring Court order for withdrawal.

PART 10 — ORDER DETERMINING INCAPACITY AND APPOINTING GUARDIAN (Fla. Stat. § 744.331(6))

ORDER DETERMINING INCAPACITY AND APPOINTING PLENARY / LIMITED GUARDIAN

On [__/__/____], the Court conducted the adjudicatory hearing. The Court considered the Petitions, the Examining Committee reports, argument of counsel, evidence, and testimony, and FINDS by clear and convincing evidence:

  1. [NAME] is ☐ totally incapacitated ☐ partially incapacitated.

  2. The following rights are REMOVED:

    • [________________________________]

  3. The following rights are RETAINED:

    • [________________________________]

  4. Less restrictive alternatives have been considered and are not sufficient.

  5. [NAME OF GUARDIAN] is qualified and is appointed Plenary / Limited Guardian of the ☐ Person ☐ Property ☐ Both.
  6. Bond is fixed at $[____________] (or waived).
  7. Restricted depository: [____________].
  8. Letters of Guardianship shall issue upon filing of Oath, Bond, and Designation of Resident Agent.

Filings Required:

Filing Due
Verified Inventory (Fla. Stat. §§ 744.362, 744.365) Within 60 days after letters of guardianship are signed
Initial Guardianship Plan / Report on Person (Fla. Stat. § 744.362) Within 60 days after letters of guardianship are signed
Annual Guardianship Plan — Person (§ 744.3675) Annually
Annual Accounting — Property (§§ 744.367, 744.3678) Annually; check § 744.367 for filing schedule
Simplified Accounting (if applicable, § 744.3679) As ordered

Dated: [__/__/____] [____________________________]
Judge

PART 11 — OATH OF GUARDIAN (Fla. Stat. § 744.347)

I, [NAME], swear/affirm that I will faithfully discharge the duties of Guardian of the ☐ Person ☐ Property ☐ Both of [NAME OF WARD], an Incapacitated Person, according to law.

[____________________________]
Guardian

Sworn/affirmed before me on [__/__/____].

[____________________________]
Clerk / Notary

PART 12 — LETTERS OF GUARDIANSHIP (Fla. Stat. § 744.345)

STATE OF FLORIDA — LETTERS OF GUARDIANSHIP

To: All to whom these presents shall come, GREETINGS:

THESE LETTERS certify that [NAME OF GUARDIAN] was duly appointed Plenary / Limited Guardian of the ☐ Person ☐ Property ☐ Both of [NAME OF WARD] by Order of this Court dated [__/__/____] in File No. [____________], and has duly qualified by filing the prescribed Oath, Bond, and Designation of Resident Agent, and is hereby authorized to act as such Guardian with the powers conferred by Florida law and the Court's Order.

Detail Information
Date of issue [__/__/____]
Bond filed $[____________]
Restricted depository [____________________________]
Rights removed See Order dated [__/__/____]

Witness my hand and seal on [__/__/____].

[____________________________]
Clerk of the Circuit Court, [__________] County, Florida

[SEAL]

PART 13 — INVENTORY AND ANNUAL REPORTING REFERENCE

13.1 Verified Inventory (Fla. Stat. § 744.365)

Guardian of the Property must include a verified inventory in the initial report due within 60 days after the letters of guardianship are signed under Fla. Stat. § 744.362(1):

☐ Verified inventory listing all property of Ward
☐ Description of each asset, location, and value
☐ Copy served on Ward and attorney

13.2 Initial Guardianship Plan / Report on Person (Fla. Stat. § 744.362)

Guardian of the Person must file an initial plan within 60 days after the letters of guardianship are signed under Fla. Stat. § 744.362(1):

☐ Address of Ward's residence
☐ Medical and mental health treatment plan
☐ Provisions for social environment
☐ Statement of Ward's preferences

13.3 Annual Guardianship Plan — Person (Fla. Stat. § 744.3675) — annually

☐ Current physical and mental condition
☐ Address and living arrangement
☐ Medical / professional care
☐ Social and other activities
☐ Provisions for visitation
☐ Statement of plan for upcoming year

13.4 Annual Accounting — Property (Fla. Stat. §§ 744.367, 744.3678) — annually

☐ All receipts and disbursements
☐ Statement of remaining property
☐ Bond status
☐ Vouchers retained / available for inspection
☐ Filed within 90 days after end of annual accounting period

13.5 Mandatory Audits (Fla. Stat. § 744.368)

Clerk audits accountings; refers irregularities to Court and to Office of Public and Professional Guardians.

PART 14 — VOLUNTARY GUARDIANSHIP OF PROPERTY (Fla. Stat. § 744.341) — REFERENCE

PETITION FOR VOLUNTARY GUARDIANSHIP OF PROPERTY

I, [NAME], being mentally competent but unable to manage my estate because of ☐ age ☐ physical infirmity, voluntarily petition for the appointment of [NAME] as Guardian of my Property under Fla. Stat. § 744.341.

Attached: Certificate of physician attesting to my mental competence.

[____________________________]
Voluntary Petitioner

PART 15 — EMERGENCY TEMPORARY GUARDIAN (Fla. Stat. § 744.3031) — REFERENCE

Where imminent danger to AIP's physical/mental health or substantial waste of assets:

☐ Verified petition with specific facts
☐ ETG may be appointed prior to incapacity adjudication
☐ ETG appointment lasts up to 90 days (one 90-day extension permitted)
☐ Serve notice of the ETG petition and hearing on the alleged incapacitated person and that person's attorney at least 24 hours before the hearing. The § 744.3031(2) exception applies only if the petitioner demonstrates that giving the 24-hour notice would cause substantial harm to the alleged incapacitated person.

SOURCES AND REFERENCES

  • Fla. Stat. Ch. 744: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html
  • Fla. R. Prob. P. 5.550–5.700
  • Office of Public and Professional Guardians: https://elderaffairs.org/programs-services/office-of-public-public-professional-guardians-oppg/
  • Fla. Stat. Ch. 744 (2025), as amended by recent guardianship reforms

END OF PACKAGE

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About this template

Last updated
November 14, 2026
Jurisdiction
Florida
Category
Estate Planning & Wills

Legal authority

  • Fla. Stat. Ch. 744 (Florida Guardianship Law)
  • Fla. Stat. § 744.102 (Definitions)
  • Fla. Stat. § 744.2002 (Registration of Professional Guardians)
  • Fla. Stat. § 744.3201 (Petition to Determine Incapacity)
  • Fla. Stat. § 744.331 (Procedures to Determine Incapacity — Examining Committee, AAL)
  • Fla. Stat. § 744.3215 (Rights of Persons Determined Incapacitated)
  • Fla. Stat. § 744.334 (Petition for Appointment of Guardian)
  • Fla. Stat. § 744.341 (Voluntary Guardianship)
  • Fla. Stat. § 744.331(6) (Order Determining Incapacity and Appointing Guardian)
  • Fla. Stat. § 744.345 (Letters of Guardianship)
  • Fla. Stat. § 744.351 (Bond of Guardian)
  • Fla. Stat. § 744.3675 (Annual Guardianship Plan — Person)
  • Fla. Stat. § 744.367 (annual report filing schedule)
  • Fla. Stat. § 744.3678 (annual accounting contents)
  • Fla. Stat. § 744.347 (Oath of Guardian)
  • Fla. Stat. § 744.3725 (Procedure for Extraordinary Authority)
  • Fla. Stat. § 744.521 (Termination of Guardianship)
  • Fla. R. Prob. P. 5.120 (Guardian Ad Litem)
  • Fla. Stat. § 744.3031 (Emergency Temporary Guardian)
  • Fla. Stat. § 765 (Health Care Advance Directives — alternatives)
  • Fla. R. Prob. P. 5.550, 5.555, 5.560, 5.620, 5.690
  • Fla. Stat. § 744.331(6) (Less Restrictive Alternatives)
  • Fla. Stat. Ch. 744 (2025) — as amended by recent guardianship reforms

Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

The statutes this template relies on are listed under Legal authority.

Fla. Stat. § 744.362(1) (checked November 14, 2026): "Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of the person must consist of an initial guardianship plan."

Fla. Stat. § 744.3031(2) (checked October 27, 2026): "Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given."

Fla. Stat. § 744.3201(2)(f) (checked October 25, 2026): "State the name and address of the alleged incapacitated person’s attending or family physician, if known;"

Fla. Stat. § 744.331(1) (checked October 25, 2026): "copies of the petitions must be served on and read to the alleged incapacitated person"

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