Lake County Clerk of the Circuit Court and Comptroller
Gary J. Cooney, Clerk

Frequently Asked Questions

Guardianship

• 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 person and/or property. The appointment is usually made when an individual (the ward) is incapable of managing his or her own affairs.

• Are guardianship established for the elderly only?
  

  No. Guardianships are also established for minors in several situations. For example, if a minor has received a settlement greater than $15,000.00, a guardian of his or her property 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. Guardianships can also be established for developmentally disabled persons.

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

  The first step is to contact an attorney. The Clerk's Office may not give legal advice or guidance in completing the various guardianship forms and reports that are required. If you are able and qualified to serve as guardian, you may petition to be appointed guardian through an attorney. If you do not wish to be appointed guardian, it is possible that a professional guardian may be appointed.

• What are the qualifications to serve as a guardian?
  

  Any resident of this state who is not under any legal disability or the power of another and is 18 years of age or older is qualified to act as guardian of a ward. Further qualifications can be found in Section 744.309, Florida Statutes.

• 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/or the ward's assets. The Clerk's Office is responsible for the initial review of these reports. After the reports are audited by the clerk, they are taken to the general master for review, then 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/or the ward’s assets.

• 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, or the ward’s property, or both.

 

NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to public records requests, do not send electronic mail to the Clerk’s Office; instead, contact this office by phone or in writing.