Florida guardianship of a minor child is a court proceeding that gives an adult legal authority over a child’s person, property, or both when the parents cannot fill that role or when the child receives assets larger than the law lets parents manage on their own. You start by filing a verified petition in the circuit court where the child lives, clear a background and credit check, and work through the process with a Florida-licensed attorney. Once appointed, you take on ongoing duties the court will monitor for as long as the guardianship lasts.
When Guardianship Is Actually Required
Florida parents are already the natural guardians of their biological and adopted children.1The Florida Legislature. Florida Code 744.301 – Natural Guardians They can settle claims, collect insurance proceeds, manage inherited property, and handle benefit distributions for their kids without any court involvement, as long as the total does not exceed $15,000 in the aggregate.
A court-appointed guardian of the property becomes necessary once assets coming to the child cross that $15,000 line. This most often happens with a personal injury settlement, an inheritance, or life insurance proceeds. If a settlement of a minor’s personal injury claim exceeds $50,000, the court must also appoint a guardian ad litem to represent the child’s interest before approving the settlement.2The Florida Legislature. Florida Code 744.3025 – Claims of Minors
The other common trigger is the death or incapacity of both parents. When a child is left without a legal representative, a guardian of the person is needed to decide where the child lives, what medical care they get, and how they are educated. One guardian can hold authority over both the person and the property, or the court can split those roles between two people.
Types of Guardianship for a Minor
Every guardian appointed for a minor in Florida receives plenary authority over whatever the court assigns.3The Florida Legislature. Florida Code 744.3021 – Guardians of Minors Plenary means full: unlike guardianships for incapacitated adults, which can be limited to specific rights, a minor’s guardian holds all the legal rights a parent would normally have for that child, over the person, the property, or both.
Parents can also plan ahead with two tools:
- A standby guardian is court-approved in advance and steps in immediately if the current guardian dies, resigns, or is removed, or if the last surviving natural guardian dies or is found incapacitated.4The Florida Legislature. Florida Code 744.304 – Standby Guardianship
- A preneed guardian is named in a written declaration by both living parents (or the surviving parent) to serve if the last surviving parent becomes incapacitated or dies.5The Florida Legislature. Florida Code 744.3046 – Preneed Guardian for Minor
The difference is timing. A standby guardian can act the moment the trigger happens. A preneed guardian still needs a formal court appointment after the trigger, but the court must appoint that named person unless doing so would be contrary to the child’s best interests.
Who the Court Will Appoint
If a standby or preneed guardian has already been designated and is qualified, the court must appoint that person unless the appointment would harm the child.6Florida Senate. Florida Code 744.312 – Considerations in Appointment of Guardian Without a designation, the court can appoint any fit and proper person, giving preference to someone who:
- Is related to the child by blood or marriage
- Has relevant professional or business experience for the type of guardianship
- Can manage the financial resources at stake
- Can meet the legal requirements and the specific needs of the case
A child who is 14 or older gets a voice: the court must consider the teenager’s preference. The judge also looks at any guardian named in a will where the child is a beneficiary and weighs the wishes of the child’s next of kin.
Filing the Petition
A parent, sibling, other relative, or any person interested in the child’s welfare can file the petition. It goes to the Clerk of the Circuit Court in the county where the child lives and must include:7The Florida Legislature. Florida Code 744.334 – Petition for Appointment of Guardian or Professional Guardian; Contents
- The minor’s name, age, residence, and mailing address
- The name and address of the petitioner and the proposed guardian
- The proposed guardian’s relationship to the child and the reasons for the appointment
- The names and addresses of the child’s next of kin, if known
- Whether plenary guardianship is sought for the person, property, or both
- The nature and value of any property that would fall under the guardianship
- Why alternatives to guardianship would not meet the child’s needs
The petition must be verified, meaning the petitioner signs it under oath. The court uses this information to decide whether to schedule a hearing and what oversight is appropriate, so errors and omissions slow the process down.
Background and Credit Screening
Every proposed guardian must submit to a credit history investigation and a criminal background check at their own expense.8Florida Senate. Florida Code 744.3135 – Credit and Criminal Investigation For nonprofessional guardians, which includes most family members, the screening involves a state and national fingerprint-based criminal history check through the Florida Department of Law Enforcement.
The court reviews the results before making any appointment and can decline to appoint someone with a concerning credit or criminal history. The court can also waive either screening on its own motion or on request. If you are appointed as a nonprofessional guardian, you can petition to be reimbursed for the screening cost from the guardianship estate.
The Attorney Requirement and the Hearing
Florida Probate Rule 5.030 requires every guardian to be represented by an attorney admitted to practice in Florida, unless the guardian is themselves a Florida-licensed attorney.9Florida Courts. Florida Probate Rules Appendix B This is not optional. You cannot represent yourself as a non-attorney guardian in a Florida guardianship proceeding.
After the petition is filed and the background results are back, the court sets a hearing. A minor guardianship does not require the examining committee process used in adult incapacity cases. The judge reviews the petition, the screening results, and any other evidence, then decides whether appointing a guardian serves the child’s best interests. If the judge approves, the court issues Letters of Guardianship specifying whether the guardianship covers the child’s person, property, or both.10Florida Senate. Florida Code 744.345 – Letters of Guardianship Those letters are your proof of authority with schools, doctors, banks, and anyone else who needs to verify your right to act.
Bond for Property Guardians
Before you can exercise any authority over a minor’s property, you must file a surety bond with the court.11The Florida Legislature. Florida Code 744.351 – Bond The bond protects the child’s assets by guaranteeing that a surety company will cover losses if funds are mismanaged. The court sets the amount based on the total value of the child’s cash, bearer instruments, and other readily marketable personal property.
Bond premiums typically run between 0.5% and 1% of the bond amount per year, with your personal credit driving the pricing. For a child with $150,000 in assets, that works out to roughly $750 to $1,500 annually. The court can waive the bond for compelling reasons or order the child’s funds placed with a designated financial institution instead, which reduces or eliminates the need for a bond.12The Florida Legislature. Florida Code 69.031 – Designated Financial Institutions for Property in Hands of Guardians Funds in a restricted depository cannot be withdrawn without a specific court order, which gives the court direct control over every dollar spent.
Guardian Education Course
Every newly appointed guardian must complete a mandatory education course within four months of appointment.13Florida Senate. Florida Code 744.3145 – Guardian Education Requirements Most guardians take eight hours of instruction covering legal duties, the rights of the ward, local resources, and how to prepare annual reports and financial accountings. A parent serving as guardian of their own child’s property takes a four-hour course focused on property-guardian duties, the initial inventory, annual accountings, and proper use of guardianship assets.
The four-month deadline is firm. Missing it can put your guardianship at risk and prompt the court to take corrective action.
Ongoing Reporting and Court Oversight
Florida courts actively monitor guardianships through required filings, and missing deadlines is one of the fastest ways to get removed.
Initial Guardianship Report
Within 60 days after your Letters of Guardianship are signed, you must file an initial guardianship report.14The Florida Legislature. Florida Code 744.362 – Initial Guardianship Report This report is the baseline the court uses to monitor everything you do afterward.
Verified Inventory
A guardian of the property also files a verified inventory of all the child’s assets, covering every piece of real and personal property that has come into your possession or knowledge, any liens or claims, the location of each asset, and income sources such as Social Security or pensions, with the most recent account statements for all cash holdings attached.15The Florida Legislature. Florida Code 744.365 – Verified Inventory
Annual Guardianship Plan and Accounting
Each year, the guardian of the person files an annual guardianship plan with the child’s current address and every place they lived in the prior year, a summary of medical treatment plus a physician’s evaluation completed within 180 days, a medical plan for the coming year, a school progress report, and information about the child’s social development.16Florida Senate. Florida Code 744.3675 – Annual Guardianship Plan The property guardian separately files an annual accounting that details every expenditure and every source of income for the child’s estate.
Decisions That Need Court Approval
Even with plenary authority, a guardian cannot make major financial moves without asking the court first. You must petition before selling or mortgaging any of the child’s real or personal property, borrowing money against the estate, entering into leases, settling or compromising debts owed to the estate, or continuing any business the child has an interest in.17The Florida Legislature. Florida Code 744.441 – Powers of Guardian Upon Court Approval
This is where being a property guardian differs sharply from being a parent. A parent can sell a child’s bicycle without asking anyone. A guardian who wants to sell inherited real estate has to file a petition, justify the sale, and wait for the judge to sign off.
What Guardianship Costs
Filing fees vary by county and by the type of guardianship. In Pasco County, for example, a guardianship of the person costs $235 and one involving property runs $400.18Pasco County Clerk, FL. Guardianship Fees and Costs Attorney fees are unavoidable because counsel is required, and they are typically paid from the guardianship estate based on the case’s complexity, the property value, and the time involved. The court must approve all guardian and attorney fees before they are paid, and both must submit itemized descriptions of services.19The Florida Legislature. Florida Statutes Chapter 744 – Guardianship
On top of legal costs, property guardians pay annual bond premiums, background screening fees, and the education course fee. The guardian is entitled to reasonable compensation, also paid from the child’s estate with court approval. For a modest settlement, these combined costs can consume a meaningful share of the child’s assets, which is why courts sometimes steer families toward restricted depositories that lower ongoing expenses.
When the Guardianship Ends
A guardianship of a minor automatically terminates when the child turns 18. The now-adult former ward gains full legal authority over their own person and property, and the guardian must file a final accounting and transfer all remaining assets.
If the child has a disability that will keep them from managing their own affairs as an adult, the guardianship does not simply roll over. The family has to file a new petition for an adult guardianship, which is a separate process involving an examining committee and an adjudication of incapacity. Planning that transition well before the 18th birthday matters, because any gap in legal authority can leave a vulnerable young adult with no one authorized to manage their care or finances.3The Florida Legislature. Florida Code 744.3021 – Guardians of Minors