How is the guardian of a person’s property selected?

The guardian of the property is appointed by the Florida circuit court for a ward who lacks sufficient capacity to manage his/her own assets, when no lesser restrictive alternatives are available. Typically, this guardian will be a family member of the ward, though not always. In order to be named by the court, a potential guardian must fulfill broad statutory. Florida law requires that the guardian be:

-A Florida resident over the age of 18 years old; or

-A non-resident who is directly related, related by marriage, or legally adopted by the ward; and

-Never convicted of a felony

*There are also provisions in the Florida guardianship law for banks, trust companies, and non-profits to serve as guardians.

It is up to the courts to determine the fitness of guardians beyond these requirements. This fitness test can be comprised of background checks, credit checks, and whatever else is ordered by the court – however, in Florida, guardians are required to take a court-approved family guardianship course.

The preferences of the ward in choosing his/her guardian are significant, but not given ultimate authority. Often, wards will have named a pre-need guardian in the event of future incapacity; it is this individual who is usually given priority in the guardianship selection process. The attorneys at Bach, Jacobs & Byrne, P.A. represent guardians – both professional and family guardians – in guardianship court proceedings.