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Guardianship – Frequently Asked Questions

NOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only.

We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk.

How can I learn more about guardianship audits?

In addition to the duty to serve as the custodian of the guardianship files, the Clerk reviews each initial and annual guardianship report. Guardianship audits are conducted by the Clerk’s Inspector General Department. Learn more about guardianship audits.

What are the responsibilities of a guardian?

This depends upon the type of guardianship that has been established and the nature of the ward’s incapacity or needs. Each guardianship is tailored by the Court in relation to the needs of the ward. A guardian can be appointed to watch over the ward, the ward’s property, or both.

Who monitors the guardian to ensure that he or she does not take advantage of the ward?

A guardian is required to submit periodic reports regarding the condition of the ward and the ward’s assets. The Clerk’s Office is responsible for the initial review of these reports. After the reports are reviewed by the clerk, they are taken to the presiding judge. If it appears that the guardian is not performing his or her duties properly, the court will take the necessary steps to protect the ward and the ward’s assets. If you have reason to believe that a guardian is committing fraud, it should be reported immediately.

What are the qualifications to serve as a guardian?

Any resident of this state who is legally competent to manage one’s own affairs (Sui Juris), and is 18 years of age or older may be qualified to act as guardian of a ward. Further requirements can be found in Section 744.309, Florida Statutes.

What steps can I take if I know an individual who cannot care for himself or herself and needs a guardian?

Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice or assisting in completing the various guardianship forms and reports that are required. It is advised that you seek the assistance of a qualified attorney.

Are guardianships established for the elderly only?

No. Guardianships may be established for persons regardless of age. The purpose of guardianship is to protect persons who do not have the capacity to protect themselves.

Guardianships are also established for minors in several situations. For example, if a minor has received a settlement greater than $15,000, a guardian of his or her property may be appointed. If the settlement is greater than $50,000, one must be appointed. There are also instances where family members, such as grandparents, are appointed as guardians when the parents of the minor are unwilling or unable to care for the minor child.

What is a guardianship?

A guardianship exists when the court appoints a person (the guardian) to exercise all or some control over another individual’s (the ward’s) person or property. The appointment is usually made when the ward is incapable of managing his or her own affairs.
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