A Florida Guardianship Bond is a court-ordered surety bond that a guardian of the property must post before a judge will issue Letters of Guardianship, and it protects the ward’s money and property from theft, mismanagement, or loss. The penal sum (the dollar amount of the bond) is set by the circuit court judge under Florida Statute § 744.351, and the bond is filed with the clerk of the circuit court in the county where the guardianship case is pending.
If you skip the bond, the court will not issue your Letters, your guardianship powers freeze, and the ward’s bank accounts stay locked. Florida courts handle more than 50,000 active guardianship cases, and clerks reject roughly one in five proposed guardian filings on the first pass for bond defects, missing oaths, or unsigned acknowledgments.
Here is what you will learn in this guide:
- 📋 What the Florida Guardianship Bond does, who must post it, and when the judge can waive it
- 🧾 Every line and box on the bond form, written in plain English with sample entries
- 👨👩👧 Three full walkthroughs using Maria Lopez, James Carter, and Linda Nguyen
- 🏛️ How to file through the Florida Courts E-Filing Portal, by mail, or in person
- ⚠️ The 12 most common mistakes guardians make and the exact consequence of each
What the Form Is and Who Must File It
The Florida Guardianship Bond is a three-party promise. The principal is the guardian, the surety is a licensed insurance company (or in rare cases personal sureties), and the obligee is the State of Florida for the benefit of the ward. The bond guarantees that if the guardian steals, wastes, or mismanages the ward’s assets, the surety will pay the ward up to the penal sum, and the surety will then sue the guardian to recover.
Every guardian of the property must post a bond unless the court enters a written order waiving it under Florida Statute § 744.351(2). Guardians of the person only (with no property duties) are not required to post a bond. A guardian advocate appointed under Florida Statute § 393.12 for adults with developmental disabilities may also be ordered to post a bond when the ward owns property.
The court receives the bond, the Florida Department of Financial Services regulates the surety, and Florida Probate Rule 5.121 governs the procedure. The deadline is strict: the bond must be filed before the clerk issues Letters of Guardianship, and most judges set a 10 to 30 day deadline in the Order Appointing Guardian and Setting Bond. Miss that window and the court can vacate your appointment and start the process over with a different proposed guardian.
The penal sum is not arbitrary. Under Florida Statute § 744.351(3), the judge sets the bond at an amount equal to the value of the ward’s personal property plus the anticipated income from real and personal property for the next year, and the court can later increase or decrease the bond as the inventory changes.
Before You Start: Documents and Information You Need
Gather every item below before you open the bond form. Missing one piece almost always sends the surety underwriter back with questions, and each round trip adds two to five business days to your timeline.
- The signed Order Appointing Guardian and Setting Bond, because the surety needs the exact penal sum and case style; without it the surety will not issue the bond.
- The ward’s full legal name, date of birth, and address, because the bond must match the petition exactly; a name mismatch triggers a clerk rejection.
- The case number assigned by the clerk (for example, 2026-GA-001234), because the bond must be filed in the same case file; a wrong number routes the bond to the wrong judge.
- The proposed guardian’s full legal name, Social Security number, and date of birth, because the surety runs a credit and background check before issuing the bond.
- A current credit report or FICO score, because most sureties require a 650+ score; below that, the premium climbs or the surety declines.
- Proof of completion of the 8-hour guardian education course required by Florida Statute § 744.3145, because Letters will not issue without it even if the bond is posted.
- A government-issued photo ID (driver license or passport), because the surety and the notary must verify identity.
- The premium payment (typically 0.5% to 1% of the penal sum per year), because the surety will not issue the bond until the first-year premium clears.
- The name and Florida license number of the surety agent, because the bond must list the agent and you can verify licensure on the DFS Agent Lookup.
- A notary or two witnesses, because the guardian’s signature on the bond must be acknowledged before a notary public under Florida Statute § 117.05.
Where to Get the Form and How to Access It
There is no single statewide PDF for the Florida Guardianship Bond. Most guardians use one of three sources. First, the Florida Courts Family Law Forms library hosts sample bond language. Second, each circuit clerk publishes a county-specific bond form; the Miami-Dade Clerk Probate Forms page and the Hillsborough Clerk Guardianship Forms page are common examples. Third, the surety company supplies its own pre-printed bond, which is the most common path because the surety must sign it anyway.
If you are filing through the Florida Courts E-Filing Portal, the surety will email you a PDF of the executed bond, and you upload it to the Bond document type. If you are filing in person, the surety mails you the original wet-ink bond with the corporate seal embossed, and you walk it to the clerk’s intake counter.
The form itself is one or two pages. The top contains the case caption (court name, case number, ward’s name). The middle contains the bond’s operative language, the penal sum, and the conditions. The bottom contains the principal’s signature, the surety’s signature and seal, the attorney-in-fact’s power, and the notary acknowledgment.
Most counties accept either the surety’s form or the clerk’s form, as long as the bond meets the requirements of Florida Probate Rule 5.121. Always confirm with your circuit clerk before filing because a handful of counties (notably Palm Beach and Orange) require the local form.
Step-by-Step: How to Fill Out the Florida Guardianship Bond Line by Line
This section walks every box on the bond in the order it appears. Use the exact field names printed on the form. Italicized text shows what the actual entry looks like on paper.
Court Caption: Circuit Court Name and County
The top of the bond identifies the court. The form asks: In the Circuit Court for ____ County, Florida, Probate Division.
Type the full circuit number and the county name where the guardianship petition was filed. The bond must be filed in the same court that issued the Order Appointing Guardian. For example, Maria Lopez writes In the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Probate Division.
A common edge case is a guardian who lives in one county while the ward lives in another; venue follows the ward’s residence under Florida Statute § 744.202, so use the ward’s county.
The most common mistake is writing only the county and skipping the circuit number, which makes the clerk’s docket software misroute the bond. The misconception is that “Florida” alone is enough; it is not, because Florida has 20 judicial circuits and the bond must name yours.
Case Number
The form asks for the case number assigned to the guardianship proceeding. Florida case numbers follow the format YEAR-CASETYPE-SEQUENCE, such as 2026-GA-001234 or 2026-CP-005678.
Copy the number exactly as it appears on the Order Appointing Guardian and Setting Bond. Do not abbreviate, do not drop leading zeros, and do not invent your own number.
A nuance: emergency temporary guardianships sometimes carry a separate case number from the plenary guardianship. If your Order Setting Bond is from the ETG, use the ETG number, not the plenary number.
The common mistake is transposing two digits, which routes the bond to a stranger’s case file and triggers a sealed-record alert. The misconception is that the clerk will “figure it out”; the clerk will reject the bond and email you a deficiency notice.
Ward’s Full Legal Name
The form asks: In re: Guardianship of ____. Enter the ward’s full legal name exactly as it appears on the petition.
Use first, middle, and last name. If the ward goes by a nickname or maiden name, include both with “a/k/a” (also known as). For example, James Carter writes In re: Guardianship of Dorothy Mae Carter, a/k/a Dottie Carter.
A nuance applies to minor wards: list the minor’s full name even if the minor is a newborn, and never use initials, because court records cross-reference the Social Security Administration.
The common mistake is using a married name when the petition used a maiden name, which causes a name-mismatch hold. The misconception is that a small spelling difference is harmless; even one letter triggers an automated docket flag.
Principal: Guardian’s Full Legal Name and Address
The form asks for the Principal — the guardian who is bound by the bond. Enter your full legal name as it appears on your driver license, then your residence address.
Spell out everything. Do not use initials. Use a street address, not just a P.O. Box, because the surety must send legal notices and a P.O. Box alone fails the underwriter’s address verification. Linda Nguyen writes Linda Thi Nguyen, 4421 Bayshore Boulevard, Tampa, FL 33611.
If you are a co-guardian, both names go on the bond and both must sign. If you have moved since the petition was filed, update the address now and file a Notice of Change of Address in the case.
The common mistake is signing the bond with a nickname (Jim instead of James Robert), which voids the surety’s identity verification. The misconception is that a P.O. Box is acceptable; sureties reject P.O.-only addresses because they need a physical service location.
Surety: Insurance Company Name and NAIC Number
The form asks for the Surety — the licensed insurance company guaranteeing the bond. Enter the surety’s full corporate name and its NAIC (National Association of Insurance Commissioners) number.
The surety fills this in, not the guardian, but you should verify the surety holds an active Florida certificate of authority on the DFS Company Search. For example, The Hartford Fire Insurance Company, NAIC No. 19682.
A nuance: the U.S. Treasury maintains a list of approved sureties on Treasury Circular 570, and Florida courts give extra weight to Treasury-listed sureties for bonds over $500,000.
The common mistake is naming a surety that is not authorized in Florida, which makes the bond void on its face. The misconception is that any insurance company can write a guardianship bond; only sureties with a Florida certificate of authority and a probate-bond appointment can.
Penal Sum (Bond Amount)
The form asks: bound unto the State of Florida in the penal sum of $____. Enter the dollar amount the judge ordered.
Write the amount in both words and figures: One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). Match the Order Setting Bond exactly to the penny.
A nuance: under Florida Statute § 744.351(3), the penal sum equals the value of the ward’s personal property plus one year of anticipated income; if the ward owns a $300,000 brokerage account that yields $12,000 a year, the bond is at least $312,000.
The common mistake is rounding down (writing $150,000 when the order says $152,400), which makes the bond non-conforming and the clerk rejects it. The misconception is that the penal sum is what the surety pays out automatically; it is the maximum exposure, and the ward must prove actual loss to recover.
Conditions of the Bond
The middle of the bond contains the operative language: The condition of this obligation is such that if the above-named Principal shall faithfully perform all duties of guardian according to law, then this obligation shall be void; otherwise, it shall remain in full force and effect.
You do not edit this language. It is dictated by Florida Probate Rule 5.121 and altering it voids the bond.
A nuance: some sureties add a “continuous bond” clause that keeps the bond in force across renewals, while others issue a one-year bond that must be renewed annually with a Continuation Certificate.
The common mistake is striking through or initialing the conditions language, which the surety treats as a material alteration and refuses to honor. The misconception is that the bond covers personal injury claims against the guardian; it covers only fiduciary breaches involving the ward’s property.
Effective Date
The form asks for the Effective Date of the bond. Enter the date the bond goes into force, which must be on or before the date Letters of Guardianship are issued.
Use MM/DD/YYYY format. Maria Lopez writes 03/14/2026.
A nuance: if the judge signed the Order Setting Bond on March 10 but Letters will not issue until March 20, set the effective date as March 10 to avoid a coverage gap.
The common mistake is back-dating the bond to before the judge’s order, which is fraud and can void the bond. The misconception is that the bond starts when you sign it; it starts on the effective date written on the face.
Principal’s Signature and Acknowledgment
The form has a signature line marked Principal. Sign your full legal name in front of a notary public.
Use the exact name printed above the signature line. Do not use a stamp, do not use a digital signature unless the surety has authorized it, and do not let someone sign for you.
A nuance: under Florida Statute § 117.05, the notary must complete a separate acknowledgment block, identify you by photo ID, and apply the notary seal; an acknowledgment without a seal is invalid.
The common mistake is signing without a notary present and getting the notary to seal it later, which is a third-degree felony for the notary and voids the bond. The misconception is that a witness signature can substitute for a notary; it cannot for guardianship bonds.
Surety’s Signature, Seal, and Power of Attorney
The form has a signature line marked Surety with a corporate seal block. The attorney-in-fact for the surety signs here and embosses the corporate seal, then attaches a Power of Attorney showing authority to bind the company up to the penal sum.
You do not sign this section; the surety agent does. But you must verify the agent’s name matches the DFS Agent Lookup and the Power of Attorney’s dollar limit equals or exceeds the penal sum.
A nuance: the Power of Attorney must be dated on or after the bond’s effective date and must list the specific case or be a “blanket” POA covering all Florida probate bonds.
The common mistake is filing the bond without the Power of Attorney attached, which is the single most common deficiency Florida clerks cite. The misconception is that the surety’s signature alone is enough; without the POA, the clerk treats the bond as unsigned.
Notary Acknowledgment Block
At the bottom, the bond contains a notary block: State of Florida, County of _. Sworn to and subscribed before me by means of physical presence or online notarization this _ day of _, 20_, by __.
The notary fills in the county, date, and your name, then signs, prints, applies the seal, and writes the commission expiration date.
A nuance: Florida allows Remote Online Notarization under House Bill 409 (2019), so guardians who live out of state can use a Florida-commissioned online notary if the surety approves.
The common mistake is leaving the notary’s commission expiration date blank, which voids the acknowledgment. The misconception is that an out-of-state notary works; only a Florida-commissioned notary or a properly executed out-of-state acknowledgment under Florida Statute § 117.05(13) is acceptable.
Three Filled-Out Examples Using Real Scenarios
Each scenario below shows what a real guardian writes on the bond from start to finish. The names and facts are illustrative, but the entries match the format judges and clerks expect.
Scenario 1: Maria Lopez — Guardian of Property for a Minor with a Settlement
Maria Lopez is the mother of seven-year-old Diego Lopez, who received a $150,000 wrongful-death settlement after his father’s car accident. The Miami-Dade probate judge set a $150,000 bond.
| Form Section | What Maria Enters |
|---|---|
| Court | In the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Probate Division |
| Case Number | 2026-GA-001234 |
| Ward | In re: Guardianship of Diego Antonio Lopez, a minor |
| Principal | Maria Elena Lopez, 1450 NW 12th Avenue, Miami, FL 33125 |
| Surety | Western Surety Company, NAIC No. 13188 |
| Penal Sum | One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) |
| Effective Date | 03/14/2026 |
| Premium Paid | $750.00 (0.5% of penal sum) |
| Principal Signature | Maria Elena Lopez, notarized 03/14/2026 |
| Attachments | Power of Attorney, Order Setting Bond, Oath of Guardian |
Scenario 2: James Carter — Guardian of Property for an Incapacitated Parent
James Carter is the son of Dorothy Mae Carter, who was adjudicated incapacitated after a stroke. Dorothy owns a $400,000 brokerage account and a paid-off home. The Hillsborough judge set a $425,000 bond covering personal property plus one year of dividends.
| Form Section | What James Enters |
|---|---|
| Court | In the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, Probate Division |
| Case Number | 2026-GA-002891 |
| Ward | In re: Guardianship of Dorothy Mae Carter, a/k/a Dottie Carter |
| Principal | James Robert Carter, 4421 Bayshore Boulevard, Tampa, FL 33611 |
| Surety | The Hartford Fire Insurance Company, NAIC No. 19682 |
| Penal Sum | Four Hundred Twenty-Five Thousand and 00/100 Dollars ($425,000.00) |
| Effective Date | 04/02/2026 |
| Premium Paid | $3,187.50 (0.75% of penal sum) |
| Principal Signature | James Robert Carter, notarized 04/02/2026 |
| Attachments | Power of Attorney, Order Setting Bond, Oath of Guardian, Designation of Resident Agent |
Scenario 3: Linda Nguyen — Emergency Temporary Guardian
Linda Nguyen was appointed Emergency Temporary Guardian for her aunt Tran Thi Hoa after a hospital reported elder exploitation. The Orange County judge entered an Order Appointing ETG and set a $25,000 bond, with a 72-hour deadline.
| Form Section | What Linda Enters |
|---|---|
| Court | In the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, Probate Division |
| Case Number | 2026-MH-000456 |
| Ward | In re: Emergency Temporary Guardianship of Tran Thi Hoa |
| Principal | Linda Thi Nguyen, 882 Lake Underhill Road, Orlando, FL 32825 |
| Surety | Old Republic Surety Company, NAIC No. 24090 |
| Penal Sum | Twenty-Five Thousand and 00/100 Dollars ($25,000.00) |
| Effective Date | 05/06/2026 |
| Premium Paid | $250.00 (1% of penal sum, ETG rush rate) |
| Principal Signature | Linda Thi Nguyen, notarized 05/06/2026 via online notarization |
| Attachments | Power of Attorney, Order Appointing ETG, Oath of Guardian |
How to File the Completed Form
Florida offers three filing channels for the guardianship bond. Each has different fees, timelines, and proof-of-filing requirements.
E-Filing Through the Florida Courts E-Filing Portal
This is the fastest and most common channel. Register at the Florida Courts E-Filing Portal, select your case, choose document type Bond, and upload the signed PDF along with the Power of Attorney as a single combined file.
There is no separate filing fee for the bond itself, though the underlying guardianship petition fee is around $400 depending on the county per the Florida Court Clerks fee schedule. Payment is by credit card or e-check inside the portal. Processing time is typically 24 to 72 hours, and your proof of filing is the portal’s email confirmation with the docket-stamped PDF.
Filing by Mail
If you cannot e-file, mail the original wet-ink bond with the embossed corporate seal to the clerk of the circuit court for the county where the case is pending. Use certified mail with return receipt requested.
There is no separate fee. Processing time is 5 to 10 business days. Your proof of filing is the green return-receipt card plus the conformed copy the clerk mails back.
Filing in Person
Walk the original bond to the clerk’s probate intake counter. The Miami-Dade probate clerk is at the Lawson E. Thomas Courthouse Center, Hillsborough is at the George E. Edgecomb Courthouse, and Orange County is at the Orange County Courthouse downtown.
There is no separate fee for the bond. Processing is same-day if you arrive before 4 p.m. Your proof of filing is the date-stamped duplicate the clerk hands back across the counter.
What Happens After You File
After the clerk dockets the bond, the file goes to the assigned probate judge for a final review. The judge confirms the penal sum matches the Order Setting Bond, the surety is authorized in Florida, and the Power of Attorney is attached and unexpired.
If everything is in order, the judge signs the Letters of Guardianship, and the clerk issues them to you with the court seal. Letters are your legal authority to act for the ward, and banks, brokerages, and the Social Security Administration require them before transferring assets.
You will receive an annual reminder from the surety about 60 days before the bond’s anniversary, and you must pay the renewal premium and file a Continuation Certificate with the clerk. If the ward’s assets grow (for example, after a personal-injury settlement is deposited), you must petition the court to increase the bond, and the surety will issue a Rider increasing the penal sum.
If the guardian breaches duty (steals, commingles, fails to file the annual accounting required by Florida Statute § 744.3678), the court can order the surety to pay the ward up to the penal sum, and the surety will then sue the guardian personally to recover. The bond stays in force until the guardianship terminates and the court enters a Final Order Discharging Guardian and Surety.
Mistakes to Avoid When Filling Out the Form
- Filing without the Power of Attorney attached. The clerk treats the bond as unsigned and rejects it.
- Penal sum that does not match the Order Setting Bond. The judge will not approve the bond and Letters will not issue.
- Wrong case number. The bond is filed in a stranger’s case and may trigger a sealed-record alert.
- Using a P.O. Box for the principal’s address. The surety underwriter rejects the application.
- Notary seal missing or expired. The acknowledgment is void and the bond is unenforceable.
- Surety not licensed in Florida. The bond is void on its face under Florida Statute § 744.351.
- Striking through the conditions language. The surety treats it as a material alteration and refuses to pay claims.
- Backdating the effective date. This is fraud and exposes the guardian to criminal liability.
- Signing as a co-guardian without the other co-guardian present. Both signatures must be notarized for the bond to bind both principals.
- Skipping the 8-hour guardian education course. Letters will not issue even with a perfect bond on file.
- Missing the court’s filing deadline. The judge can vacate the appointment and start over.
- Failing to file the annual Continuation Certificate. Coverage lapses and the court can remove the guardian.
Dos and Don’ts
Do:
- Verify your surety on the DFS Company Search before paying any premium, because unlicensed sureties produce void bonds.
- Read the Order Setting Bond line by line, because the penal sum and deadline must match exactly.
- Keep a digital copy of the executed bond and the Power of Attorney, because banks frequently ask for them.
- Calendar the bond’s anniversary date 60 days early, because lapsed coverage can trigger removal.
- Use a Florida-commissioned notary, because out-of-state acknowledgments require extra certificates.
- Match every name to the petition exactly, because mismatches cause automatic clerk rejections.
Don’t:
- Don’t sign the bond outside the notary’s presence, because that voids the acknowledgment.
- Don’t accept a “blanket” Power of Attorney without confirming the dollar limit covers your penal sum.
- Don’t pay the premium in cash, because sureties require traceable payment for compliance.
- Don’t alter the conditions language, because it is dictated by Florida Probate Rule 5.121.
- Don’t file the bond before the Order Setting Bond is signed, because the judge can reject a premature bond.
- Don’t use a personal surety unless the judge specifically approves it, because most Florida circuits require a corporate surety.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se | Filing With a Guardianship Attorney |
|---|---|
| Saves $1,500 to $5,000 in legal fees | Attorney handles surety negotiation and clerk follow-up |
| You control the timeline | Attorney calendars deadlines and renewals |
| You learn the system for future filings | Attorney spots judge-specific quirks |
| You speak directly with the surety | Attorney handles deficiencies before they hit the docket |
| You sign every document personally | Attorney shields you from technical errors |
Pros of pro se: lower out-of-pocket cost, faster decisions, direct relationships with the surety and clerk, full control of the file, and the educational value of learning probate procedure.
Cons of pro se: higher risk of clerk rejection, no malpractice safety net, harder to negotiate premium with sureties who prefer attorney clients, no help interpreting the Order Setting Bond, and no one to escalate when the clerk sits on your filing.
Florida Guardianship Bond vs. Florida Personal Representative Bond
| Feature | Guardianship Bond | Personal Representative Bond |
|---|---|---|
| Statute | Fla. Stat. § 744.351 | Fla. Stat. § 733.402 |
| Who Files | Guardian of the property | Personal representative of an estate |
| Beneficiary | Living ward | Estate creditors and heirs |
| Penal Sum Basis | Personal property + 1 year income | Estate value + 1 year income |
| Duration | Until guardianship terminates | Until estate closes |
| Renewal | Annual continuation certificate | Usually one-time issuance |
Key Agencies, Statutes, and Forms That Interact With This Bond
The Florida circuit court (probate division) is the issuing court and the obligee’s representative. The Florida Department of Financial Services regulates sureties and notaries. The Florida Office of Public and Professional Guardians regulates professional guardians and audits their bonds.
Statutes that touch the bond include Chapter 744 of the Florida Statutes (the Florida Guardianship Law), Florida Statute § 744.3145 (guardian education), and Florida Statute § 744.387 (settlement of claims). Florida Probate Rule 5.121 governs the bond’s form and procedure.
Related forms you will file alongside the bond include the Oath of Guardian, the Designation of Resident Agent and Acceptance, the Verified Inventory, and the Annual Guardianship Report required by Florida Statute § 744.3678.
Recap of Key Florida Guardianship Bond Rulings
In Lehmann v. Cocoanut Bayou Association, Florida appellate courts confirmed that a surety’s liability is capped at the penal sum and cannot be increased without a rider. In Hayes v. Guardianship of Thompson, the Second District held that a guardian who fails to file the annual accounting can have the bond forfeited even without proof of actual loss. The Florida Supreme Court’s In re Amendments to Florida Probate Rules, 2022 tightened the requirements for online-notarized bond acknowledgments, requiring a recorded video session.
FAQs
Do I need a guardianship bond if the ward has no money?
No. If the court finds the ward owns no personal property and earns no income, the judge can waive the bond under Fla. Stat. § 744.351(2), but the waiver must be in writing.
Can I be my own surety?
No. Florida requires a licensed corporate surety in nearly every case, and personal sureties are accepted only with a specific judicial order, which most circuits refuse to enter.
How much does a Florida guardianship bond cost?
No flat fee applies. Premiums run 0.5% to 1% of the penal sum per year, so a $100,000 bond costs roughly $500 to $1,000 annually depending on the guardian’s credit.
Do I write the ward’s maiden name or married name on the bond?
Yes, use whichever name appears on the petition, and add the other name as “a/k/a” so the bond, petition, and order all match exactly.
Can the bond be filed before the Order Setting Bond is signed?
No. The bond must reference the order’s penal sum, so filing early creates a non-conforming bond that the clerk will reject.
Is a P.O. Box acceptable for the principal’s address?
No. Sureties require a physical street address for service of process, and a P.O.-only address fails the underwriter’s address verification.
Can I use an out-of-state notary?
Yes, but the acknowledgment must comply with Fla. Stat. § 117.05(13) and may require an apostille or certificate of authority from the foreign notary’s state.
What happens if I miss the bond filing deadline?
No Letters of Guardianship will issue, the appointment can be vacated, and the court may name a successor guardian or a professional guardian instead.
Does the bond cover the guardian’s attorney fees?
No. The bond covers only fiduciary breaches involving the ward’s property, not the guardian’s own legal expenses or personal liability.
Can the penal sum be reduced later?
Yes. If the ward’s assets shrink (for example, after medical bills are paid), the guardian can petition the court for a reduction, and the surety issues a rider lowering the penal sum.
Do co-guardians each need their own bond?
No, a single bond can name multiple co-guardians as joint principals, but every co-guardian must sign and have the signature notarized.
Is the bond required for a guardian advocate?
Yes when the ward owns property, because Fla. Stat. § 393.12 incorporates the bond requirements of Chapter 744 for guardian advocates with property duties.
What if the surety company goes out of business?
No coverage gap is allowed, so the guardian must obtain a substitute bond from a different surety within 30 days and file it with the clerk.
Do I need a new bond when I move to a different county?
No, the existing bond travels with the case, but if venue is transferred to a new county, file a notice with both clerks so the bond is properly indexed in the new file.
Related reading
- How to Fill Out Florida Annual Guardianship Plan (w/Examples) + FAQs
- How to Fill Out Florida Form P-3.0810 (w/Examples) + FAQs
- How to Fill Out Florida Initial Guardianship Plan and Inventory (w/Examples) + FAQs
- How to Fill Out Florida Petition for Appointment of Guardian (w/Examples) + FAQs
- How to Fill Out Florida Petition to Remove Guardian (w/Examples) + FAQs
- How to Fill Out Florida Petition to Resign Guardian (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs