GuardianshipThe Lake County Clerk of the Circuit Court & Comptroller’s Office processes guardianship cases filed in Circuit Court. A guardianship is a legal proceeding that puts a guardian in control of a ward (person) who is either a minor or an incapacitated adult. A guardian must be eighteen (18) years of age or older, and legally competent to manage one’s own affairs (Sui Juris). A professional guardian may be appointed by the court. The Lake County Clerk of the Circuit Court & Comptroller is responsible for maintaining guardianship files, reviewing guardianship plans, auditing income to and expenditures from the ward’s estate. Guardianship cases are generally established when someone is declared incompetent or incapacitated. However, a guardianship may be required for a minor who is the recipient of a court settlement over $15,000, and is required for a settlement in excess of $50,000. Guardianship may be established due to inheritance by minors, depending upon the nature of the inheritance. A voluntary guardianship may be appropriate for an adult who is not capable of taking care of his or her financial affairs and personal well-being. Also, a person may select a guardian prior to having a need for one by completing a Declaration of PreNeed Guardian form. An attorney normally assists in preparing this document. A parent may also ask to have a guardian appointed due to the parent being unavailable for a period of time, such as a single parent being deployed for military service. Submission of DocumentsThe Florida Rules of General Practice and Judicial Administration require that petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants (pro se) may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of General Practice and Judicial Administration 2.525. If you are filing to establish a guardianship, all documents can be submitted to the Lake County Clerk’s Office one of the following ways:
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