IN THE CIRCUIT COURT OF THE [__] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA
PROBATE DIVISION
Case No.: [______]
PETITION FOR APPOINTMENT OF GUARDIAN
(of the Person ☐ / of the Property ☐ / Plenary ☐)
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Prayer for Relief
XI. Verification & Execution
[// GUIDANCE: This template is designed for the appointment of a guardian for an adult alleged to be incapacitated. For a minor guardianship, delete incapacity-related provisions and insert parental consent language.]
I. DOCUMENT HEADER
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Parties
1.1 “Petitioner” – [NAME], whose mailing address is [ADDRESS], and who is (relationship to Alleged Incapacitated Person (“AIP”)/Minor) [____].
1.2 “Proposed Guardian” – [NAME] (if different from Petitioner), whose mailing address is [ADDRESS].
1.3 “Alleged Incapacitated Person” or “Ward” – [NAME], date of birth [DOB], currently residing at [ADDRESS]. -
Recitals
A. Petitioner files this verified petition pursuant to Fla. Stat. ch. 744 (2023) and the Florida Probate Rules, seeking appointment of a guardian.
B. Venue is proper in this Court because the Ward resides in, or is presently found in, [COUNTY] County, Florida.
C. No other guardianship proceedings regarding the Ward are pending in any jurisdiction. -
Effective Date & Jurisdiction
This Petition is deemed filed on the Clerk’s docket date and is governed exclusively by the laws of the State of Florida.
II. DEFINITIONS
For ease of reference, capitalized terms have the meanings assigned below. Terms defined in this Section and first used elsewhere shall have the same meaning throughout the Petition.
“Annual Plan” – The annual guardianship plan required under Fla. Stat. ch. 744, detailing the Ward’s care, placement, and estate management.
“Bond” – The fiduciary bond required of the Guardian under Section VII below.
“Court” – The Circuit Court for [COUNTY] County, Florida, Probate Division.
“Guardian” – The individual or entity ultimately appointed by the Court to act for the Ward.
“Incapacity Report” – The report(s) of the examining committee filed in the related incapacity proceeding.
“Letters of Guardianship” – Formal authority issued by the Court evidencing the Guardian’s appointment and powers.
“Ward” – The person for whom guardianship is sought.
III. OPERATIVE PROVISIONS
3.1 Allegations of Incapacity
a. The Ward suffers from [medical diagnosis / cognitive limitation] rendering the Ward unable to manage some or all of his/her property or to meet essential health and safety requirements.
b. A separate Petition to Determine Incapacity has been or will be filed contemporaneously.
3.2 Necessity for Guardianship
a. Less-restrictive alternatives (e.g., durable power of attorney, trust, health-care surrogate) have been considered and are insufficient to protect the Ward.
b. The degree of guardianship sought is the least restrictive form necessary to protect the Ward.
3.3 Nomination of Guardian
Petitioner nominates [NAME] as Guardian of the (Person ☐ / Property ☐ / Both ☐), asserting that the nominee is qualified, willing, and able to serve.
3.4 Powers Requested
a. Person: authority to determine residence, consent to medical treatment, and make personal decisions.
b. Property: authority to marshal assets, pay legitimate debts, manage investments, and otherwise preserve the Ward’s estate.
[// GUIDANCE: Tailor requested powers to match the findings sought in the incapacity proceeding; consider limited vs. plenary.]
3.5 Bond & Designation of Depository (see Section VII).
3.6 Required Reports
Guardian shall file:
i. Initial Inventory within 60 days after Letters issue;
ii. Annual Plan and Annual Accounting each year by [DATE];
iii. Any Interim Report ordered by the Court.
IV. REPRESENTATIONS & WARRANTIES
4.1 Guardian Qualifications
The Proposed Guardian:
a. Is over 18 years of age and a resident of Florida (or qualifies as a non-resident fiduciary under Fla. Stat. ch. 744).
b. Has not been convicted of a felony.
c. Has not been judicially determined incapacitated.
d. Is not an adverse party to the Ward.
4.2 Disclosure of Conflicts
Petitioner discloses any potential conflicts of interest in Schedule 1 attached hereto. Absence of disclosure constitutes a representation that none exist.
4.3 Accurate Information
All information herein is true, complete, and correct to the best of Petitioner’s knowledge, information, and belief.
V. COVENANTS & RESTRICTIONS
5.1 Guardian Training
Guardian shall complete the court-approved guardianship education course within four (4) months of appointment.
5.2 Compliance
Guardian shall at all times comply with:
a. Chapter 744, Florida Statutes;
b. Florida Probate Rules;
c. All orders of this Court.
5.3 Notice Obligations
Guardian shall provide prompt written notice to the Court and all interested persons of any:
i. Change of Ward’s residence;
ii. Significant change in Ward’s medical condition;
iii. Intended sale, encumbrance, or disposition of Ward’s real property.
5.4 Restricted Assets
Cash assets exceeding $[THRESHOLD] shall be placed in a designated depository subject to Court order.
VI. DEFAULT & REMEDIES
6.1 Events of Default
The following constitute defaults by the Guardian:
a. Failure to file timely reports;
b. Misappropriation or unauthorized use of assets;
c. Violation of any Court order;
d. Failure to maintain the required Bond.
6.2 Cure Periods
Except for misappropriation, Guardian shall have fifteen (15) days to cure any default after written notice from an interested person or the Court.
6.3 Court Remedies
Upon default, the Court may:
a. Suspend or remove the Guardian;
b. Require additional bond;
c. Surcharge the Guardian;
d. Impose any other lawful sanction.
6.4 Attorney’s Fees & Costs
Reasonable attorney’s fees and costs incurred to enforce guardianship duties may be taxed against the Guardian personally upon finding of bad faith or gross negligence.
VII. RISK ALLOCATION
7.1 Bond Requirement
Prior to issuance of Letters, Guardian shall post a corporate surety bond in the penal sum of $[AMOUNT] conditioned as required by Fla. Stat. ch. 744, with annual premiums payable from the Ward’s estate unless otherwise ordered.
7.2 Fiduciary Indemnification
Guardian shall be personally liable for losses to the Ward’s person or property resulting from the Guardian’s breach of fiduciary duty, willful misconduct, or gross negligence.
7.3 Insurance
Guardian shall maintain liability insurance (general and, if applicable, professional) with minimum limits of $[LIMIT] per occurrence and shall provide evidence of coverage to the Court upon request.
7.4 Force Majeure
Guardian shall not be liable for delayed performance caused by acts of God, natural disasters, or other events beyond reasonable control, provided the Guardian acts diligently to resume compliance.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This matter is governed by the laws of the State of Florida, including Fla. Stat. ch. 744 and applicable Probate Rules.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Probate Division of the Circuit Court for [COUNTY] County, Florida.
8.3 Arbitration
Not applicable. Probate matters are non-arbitrable.
8.4 Jury Trial
No right to jury trial exists in guardianship proceedings.
8.5 Injunctive Relief
The Court retains authority to issue protective or injunctive orders as necessary to safeguard the Ward.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver
Any amendment to the guardianship plan or the Guardian’s authority requires prior Court approval. No informal waiver of statutory duties is effective.
9.2 Assignment
Guardianship authority is personal and non-assignable except by Court order.
9.3 Successors
Upon resignation, removal, or death of the Guardian, a successor shall be appointed pursuant to Fla. Stat. ch. 744.
9.4 Severability
If any provision is deemed unenforceable, the remaining provisions shall continue in full force to the extent consistent with governing law.
9.5 Integration
This Petition, together with all schedules and any Court-approved modifications, constitutes the entire request for relief.
9.6 Electronic Signatures
Signatures affixed by reliable electronic means are deemed original for all purposes permitted by law.
X. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the Court:
A. Determine the Ward to be incapacitated to the extent alleged (if applicable);
B. Appoint [NAME] as (limited / plenary) Guardian of the (Person / Property / Both) of the Ward;
C. Require the Guardian to post a bond in the amount of $[AMOUNT] and restrict assets as set forth above;
D. Issue Letters of Guardianship upon satisfaction of all statutory prerequisites;
E. Grant such other and further relief as the Court deems just and proper.
XI. VERIFICATION & EXECUTION
I, [PETITIONER NAME], declare under penalties of perjury that I have read the foregoing Petition and that the facts alleged are true and correct to the best of my knowledge and belief.
Date: ___ / ___ / 20__
[PETITIONER NAME], Petitioner
STATE OF FLORIDA
COUNTY OF ____
Sworn to (or affirmed) and subscribed before me this ___ day of ____, 20__, by [PETITIONER NAME], who is personally known to me ☐ or produced identification ☐.
Notary Public, State of Florida
Name: _____
Commission No.: __
My Commission Expires: __
[// GUIDANCE: Attach additional signature blocks for co-petitioners, proposed co-guardians, and the Ward (if competent to consent).]
REQUIRED ATTACHMENTS (Checklist)
- Petition to Determine Incapacity (separate pleading) ☐
- Proposed Orders (Determination of Incapacity; Appointment of Guardian) ☐
- Oath of Guardian and Designation of Resident Agent ☐
- Guardianship Plan Template (Initial, Annual) ☐
- Physician’s Affidavit or Medical Records Summary ☐
- Bond Application / Proof of Surety ☐
- Schedule 1 – Conflict Disclosure ☐
- Schedule 2 – List of Known Assets & Income ☐
[// GUIDANCE: Local administrative orders may impose additional forms (e.g., Background Investigation Questionnaire). Confirm with the Clerk or probate division website for the filing county.]