What are my responsibilities as a Florida guardian now that the ward has died?

If you are a guardian of the person, your duties end once the death certificate is filed with the court. However, if you are a guardian of the property (or a guardian of the person and the property), it is necessary to file a final report (including an accounting), death certificate, and petition for discharge upon the death of the ward. These documents may also need to be served on specific interested parties.

A guardian is not automatically named personal representative of the decedent’s estate – the probate court takes into account a number of factors in this decision, including statutory preferences for who is appointed. If you are a guardian in need of assistance regarding your ward’s end-of-life documents, or if you are seeking appointment as personal representative, contact the experienced elder law and estate attorneys of Bach, Jacobs & Byrne, P.A. Call us at (941) 906-1231 to schedule a consultation.