The Florida Petition for Appointment of Guardian is the verified court document a person files in the circuit court’s probate division to ask a judge to legally appoint someone to make decisions for an adult or minor who cannot manage their own affairs. It is governed by Chapter 744 of the Florida Statutes and Rules 5.550 through 5.560 of the Florida Probate Rules, and it must be filed in the county where the alleged incapacitated person (the “AIP”) or minor lives.
Filing this petition is one of the most emotionally heavy court actions in Florida law, because it asks a judge to remove some or all rights from a person you love. According to the Florida Office of Public and Professional Guardians 2024 Annual Report, more than 50,000 active guardianship cases run in Florida at any given time, and clerks reject roughly 1 in 5 pro se guardianship petitions on the first pass for missing the verified oath, the next-of-kin list, or the companion Application for Appointment as Guardian.
Here is what you will learn in this guide:
- 📋 How to choose the right Florida guardianship petition for your situation (adult, minor, guardian advocate, or emergency temporary)
- ✍️ Exactly what to write in every field, box, and signature block on the official Florida Supreme Court form
- 👨👩👧 Three real walkthrough scenarios (dementia parent, disabled adult child, orphaned minor) with sample entries
- ⚖️ The Chapter 744 statutes, examining committee rules, and Level 2 background screening you must comply with
- 💸 Filing fees, e-filing portal steps, paper filing addresses, and what happens in the 60 days after you file
What the Form Is and Who Must File It
The Florida Petition for Appointment of Guardian is a verified pleading under Fla. Prob. R. 5.560 that asks the circuit court to appoint a guardian over the person, property, or both of someone who cannot care for themselves. It is filed at the same time as, or shortly after, the Petition to Determine Incapacity when the case involves an adult, and it must list every fact required by Fla. Stat. § 744.334.
Several distinct versions of the petition exist, and choosing the wrong one is the single most common rejection reason at the clerk’s window. The main versions are the Petition for Appointment of Guardian of an Adult, the Petition for Appointment of Guardian of a Minor under Fla. Stat. § 744.3021, the Petition for Appointment of Guardian Advocate under Fla. Stat. § 393.12 for adults with developmental disabilities, and the Petition for Appointment of Emergency Temporary Guardian under Fla. Stat. § 744.3031.
Any adult who is a Florida resident, who is not a convicted felon, and who has no conflicting interest with the ward may file the petition under Fla. Stat. § 744.309. Non-residents can file only if they are blood relatives, an adopted child, an adopted parent, or a spouse of the ward. The petitioner does not have to be the person who wants to serve as guardian; a friend, neighbor, hospital social worker, or Adult Protective Services investigator may petition while nominating someone else.
Before You Start: Documents and Information You Need
Gather every document below before you open the form, because the petition is verified under oath and every fact must be accurate the moment you sign. Missing items are the top reason clerks reject filings.
- The AIP’s or minor’s full legal name, date of birth, Social Security number, and current residence (needed for the case caption and for the clerk’s confidential information sheet)
- A complete list of the AIP’s next of kin within the degree of relationship required by Fla. Stat. § 744.3201, including names, addresses, and relationships (missing relatives delay the case by weeks because the court attorney must re-notice)
- A description of the AIP’s alleged incapacity with specific facts (vague phrases like “she’s confused” get the petition kicked back; you need specifics like “wandered from home on March 4, 2026 and was found 3 miles away”)
- A list of every right the petitioner asks the court to remove (vote, contract, marry, sue, drive, travel, choose residence, consent to medical care, manage property)
- An estimate of the AIP’s assets, monthly income, and monthly expenses for the bond calculation under Fla. Stat. § 744.351
- The proposed guardian’s full name, address, date of birth, and Florida residency status
- A completed Application for Appointment as Guardian for the proposed guardian (this is a separate companion form, not part of the petition itself)
- Fingerprint card and payment for Level 2 background screening under Fla. Stat. § 435.04 (without this, the judge cannot enter Letters of Guardianship)
- Credit history and criminal background reports for the proposed guardian
- The filing fee (approximately $400, exact amount varies by county clerk)
Where to Get the Form and How to Access It
The official, current versions of every Florida guardianship petition live on the Florida Courts Self-Help Forms page and inside the Florida Probate Rules forms appendix. Always download the form fresh on the day you fill it out, because the Florida Supreme Court revises probate forms on a rolling basis and clerks reject petitions filed on superseded versions.
Check the revision date printed in the lower-left corner of page one. The 2024 revisions added new language about the Florida Guardianship Bill of Rights at § 744.3215, and any version older than that is out of date. The form is available in fillable PDF, plain PDF, and Microsoft Word formats.
You can also pick up a paper copy at the probate division of the clerk’s office in any of Florida’s 67 counties. The Miami-Dade Clerk, Hillsborough Clerk, and Duval Clerk each maintain their own probate self-help desks, but the underlying state form is identical.
If you have an attorney, the attorney must e-file through the Florida Courts E-Filing Portal under Fla. R. Gen. Prac. & Jud. Admin. 2.525. Pro se filers may e-file through the same portal after creating a free account, or they may paper-file at the clerk’s window.
Step-by-Step: How to Fill Out the Florida Petition for Appointment of Guardian Line by Line
Caption: Court, County, and Case Number
The caption is the block at the very top of page one that tells the clerk which court and which case the document belongs to. You will write In the Circuit Court for the [County Name] County, Florida, Probate Division, leave the case number blank if this is the first filing, and put the AIP’s name on the In re: Guardianship of line.
For example, Maria Lopez writes In the Circuit Court for the Orange County, Florida, Probate Division — In re: Guardianship of Elena Lopez, an alleged incapacitated person. The clerk assigns the case number after you pay the fee, and you will write it on every later filing.
A common nuance arises when the AIP lives in a nursing home in a different county from where their family lives. Venue is proper only in the county where the AIP physically resides under Fla. Stat. § 744.202, not where the petitioner lives.
The most common mistake here is filing in the petitioner’s home county instead of the AIP’s county of residence. The direct consequence is a motion to transfer venue, which delays the case by 30 to 60 days and may force the petitioner to re-pay service-of-process fees.
A widespread misconception is that “residence” means where the AIP’s mail goes or where they own a home. In guardianship, residence means the actual place the AIP sleeps at night, including a long-term-care facility.
Paragraph 1: Petitioner’s Identification
This paragraph asks who you are, where you live, and how you are related to the AIP or minor. You will write your full legal name, your street address, your city and ZIP, your relationship to the AIP, and your age (must be 18 or older).
For example, Marcus Reed, an adult son residing at 1422 Palmetto Drive, Tampa, FL 33602, age 47, who is the natural son of the alleged incapacitated person. Write your relationship in plain English; do not abbreviate.
A nuance applies when the petitioner is a corporate or institutional petitioner such as a hospital. In that case, you write the legal entity’s name, its principal Florida address, and the name and title of the human being signing on its behalf.
The most common mistake on this line is leaving out the petitioner’s relationship to the AIP. The consequence is that the court attorney cannot determine standing under Fla. Stat. § 744.309 and will issue an order to amend within 10 days.
A misconception is that you must already be a Florida resident to petition. You do not; a non-resident blood relative, adopted child, adopted parent, or spouse may petition under the same statute.
Paragraph 2: The Alleged Incapacitated Person or Minor
This paragraph identifies the person you are seeking guardianship over. You will provide their full legal name, date of birth, last four digits of the Social Security number on a separate confidential filing, current residence address, and the name and address of any facility where they reside.
For example, Elena Lopez, date of birth 09/12/1948, currently residing at Sunrise Memory Care, 880 Lake Drive, Orlando, FL 32801. Use MM/DD/YYYY format for the date of birth and write the address exactly as it appears on the facility’s invoice.
A nuance arises when the AIP has multiple residences (a home and a long-term-care facility). List both, identify which one is the legal residence for venue purposes, and explain why.
The most common mistake is writing the full Social Security number directly on the petition. The consequence is a public-records violation under Fla. R. Gen. Prac. & Jud. Admin. 2.425, and the clerk may seal the entire petition and require you to refile.
A misconception is that you can use a nickname or “known as” name. The petition must use the AIP’s full legal name as it appears on a government ID, with any aliases listed in a separate also known as line.
Paragraph 3: Statement of Incapacity or Minority
For an adult, this paragraph states the specific factual reasons you believe the AIP cannot exercise certain rights. For a minor, it states the date of birth proving the person is under 18, and the reason a guardian is needed (such as both parents being deceased or unable to act).
You will write specific behavioral facts, not diagnoses alone, such as Elena Lopez was diagnosed with advanced Alzheimer’s disease on 06/03/2024, has wandered from her home twice in the last 90 days, cannot recall her own date of birth, and cannot manage her bank account, having paid the electric bill 11 times in October 2025.
A nuance applies when the AIP has lucid intervals. You must still describe the pattern of incapacity, because Florida law looks at the AIP’s overall ability to make decisions, not their best moments.
The most common mistake is writing only a medical diagnosis (“she has dementia”) with no behavioral facts. The consequence is that the examining committee appointed under Fla. Stat. § 744.331 may find no clear and convincing evidence of incapacity, and the petition will be denied.
A misconception is that the petitioner must prove incapacity in the petition itself. You only need to allege specific facts; the three-member examining committee then evaluates the AIP and reports back within 15 days.
Paragraph 4: Rights Sought to Be Removed
This paragraph lists each right under Fla. Stat. § 744.3215 that you ask the court to remove. The form lists them with checkboxes; you check only those that the AIP truly cannot exercise.
For example, Marcus checks right to contract, right to sue and defend lawsuits, right to manage property, right to determine residence, right to consent to medical treatment, and leaves right to vote and right to marry unchecked because Elena still recognizes family and expresses preferences.
A nuance applies in limited guardianships under Fla. Stat. § 744.102(9)(a). Florida law strongly favors the least-restrictive alternative, so courts expect petitioners to leave as many rights with the ward as possible.
The most common mistake here is checking every box reflexively. The consequence is that the judge will question why each right must be removed, may appoint an attorney ad litem to push back, and may order the petitioner to amend.
A misconception is that removing the right to vote is automatic. It is not; Florida specifically requires a separate finding, and removing voting rights without justification violates the Americans with Disabilities Act.
Paragraph 5: Proposed Guardian’s Qualifications
This paragraph names the person who will serve as guardian and states their qualifications. You write the proposed guardian’s full name, address, date of birth, relationship to the ward, and a sworn statement that they are not a convicted felon and have not been judicially determined to abuse, neglect, or exploit a vulnerable adult.
For example, The petitioner, Marcus Reed, nominates himself to serve as plenary guardian. He is 47 years old, a resident of Hillsborough County since 1998, has no felony convictions, and has completed the 8-hour pre-appointment guardian education course required by section 744.3145, Florida Statutes.
A nuance arises when the proposed guardian lives out of state. Non-resident guardians are limited to blood relatives, adopted children, adopted parents, spouses, or siblings under Fla. Stat. § 744.309(2).
The most common mistake is omitting the felony disclosure. The consequence is that the Letters of Guardianship will not issue until the Level 2 screening clears, which can take 4 to 8 weeks.
A misconception is that one spouse can be guardian “automatically” for the other. There is no automatic guardianship in Florida; every guardian must be appointed by the court and qualified under Chapter 744.
Paragraph 6: Next of Kin
This paragraph lists every next of kin under Fla. Stat. § 744.3201(2)(f). For an adult, you list the spouse, adult children, parents, and adult siblings, with names, addresses, and relationships.
For example, Spouse: none (widowed 2019); Children: Marcus Reed (petitioner), 1422 Palmetto Drive, Tampa, FL 33602; Sofia Reed-Gomez, 14 Calle Mayor, Madrid, Spain; Parents: deceased; Siblings: none living.
A nuance applies when an adult child lives abroad. You still list them with their international address, and the clerk will serve notice by international mail or as the court directs.
The most common mistake is leaving out an estranged adult child. The consequence is reversible error; an unlisted next-of-kin can void the entire guardianship years later under Fla. Stat. § 744.3371.
A misconception is that you only have to list relatives you “talk to.” The statute is not optional; every living spouse, adult child, parent, and adult sibling must appear on the list, regardless of relationship quality.
Paragraph 7: Assets, Income, and Liabilities
This paragraph estimates the AIP’s gross assets, monthly income, and monthly expenses for the court’s initial bond calculation. You write approximate values; exact figures come later in the Initial Guardianship Inventory due within 60 days.
For example, Approximate gross assets: $182,000 (home equity $140,000; checking $14,000; CD $28,000). Approximate monthly income: $2,140 (Social Security $1,840; pension $300). Approximate monthly expenses: $4,950 (memory care $4,400; medications $310; utilities $240).
A nuance applies when the AIP has retirement accounts. List them at the most recent statement value, and note whether they pay required minimum distributions, because the guardian of the property must manage those distributions.
The most common mistake is guessing low to keep the bond low. The consequence is a perjury exposure under Fla. Stat. § 837.06 and a personal-liability finding later if the inventory shows much higher numbers.
A misconception is that the bond is paid out of pocket. The bond is a surety bond purchased from a Florida-licensed surety, and the premium is usually paid from the ward’s assets.
Paragraph 8: Less-Restrictive Alternatives
Florida law under Fla. Stat. § 744.331(6)(b) requires the petitioner to state why less-restrictive alternatives (durable power of attorney, health care surrogate, trust, supported decision-making agreement) will not work. You write a specific sentence for each alternative that has been considered and rejected.
For example, Elena Lopez executed a durable power of attorney in 2012 naming her late husband as agent; he died in 2019 and no successor was named. She has no health care surrogate, no trust, and no supported decision-making agreement. She no longer has capacity to execute any of these instruments.
A nuance applies when a valid power of attorney already exists. If it does, the court may deny guardianship over the property as unnecessary; you must explain why the POA is inadequate (for example, the agent has resigned, died, or is exploiting the principal).
The most common mistake is leaving this paragraph blank or writing “none available.” The consequence is automatic denial under the least-restrictive-alternative doctrine, plus the loss of the filing fee.
A misconception is that this paragraph is a formality. Judges read it closely; some Florida appellate decisions, including Borck v. Borck, have reversed guardianships where this analysis was missing.
Verification, Signature, and Notary Block
Every petition is verified under Fla. Prob. R. 5.020, meaning the petitioner signs under oath that the facts are true. You sign in front of a notary public, write the date, print your name, and the notary completes the jurat.
For example, Signed this 14th day of May, 2026, in Hillsborough County, Florida. /s/ Marcus Reed, Petitioner. The notary then writes Sworn to and subscribed before me by means of physical presence this 14th day of May, 2026, by Marcus Reed, who is personally known to me.
A nuance applies for online notarization under Fla. Stat. § 117.265. Remote online notarization is allowed in Florida, but the jurat must specifically state by means of online notarization.
The most common mistake is signing the petition before reaching the notary. The consequence is rejection at the clerk’s window, because the notary must witness the signature.
A misconception is that a friend who is a notary can notarize for free as a favor without filling in the jurat language. The full jurat block is required, including commission number and expiration; missing any element invalidates the verification.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Marcus Reed Petitions for His Mother Elena (Adult Plenary Guardianship)
Marcus is filing in Hillsborough County for his 77-year-old mother Elena, who has advanced Alzheimer’s.
| Form Section | What Marcus Enters |
|---|---|
| Caption | In the Circuit Court for the Hillsborough County, Florida, Probate Division — In re: Guardianship of Elena Lopez, an alleged incapacitated person |
| Paragraph 1: Petitioner | Marcus Reed, adult son, 1422 Palmetto Drive, Tampa, FL 33602, age 47 |
| Paragraph 2: AIP | Elena Lopez, DOB 09/12/1948, Sunrise Memory Care, 880 Lake Drive, Tampa, FL 33607 |
| Paragraph 3: Incapacity | Diagnosed with advanced Alzheimer’s 06/2024; wandered twice in 90 days; cannot manage bank account |
| Paragraph 4: Rights to Remove | Contract, sue and defend, manage property, determine residence, consent to medical care |
| Paragraph 5: Proposed Guardian | Marcus Reed, self-nominated, no felonies, completed 8-hour course on 04/22/2026 |
| Paragraph 6: Next of Kin | Marcus Reed (son), Sofia Reed-Gomez (daughter, Spain); parents and siblings deceased |
| Paragraph 7: Assets/Income | Assets $182,000; monthly income $2,140; monthly expenses $4,950 |
| Paragraph 8: Alternatives | POA from 2012 ineffective (named agent deceased); no surrogate, trust, or SDM agreement |
| Verification | Signed 05/14/2026 before notary, physical presence, Hillsborough County |
Scenario 2: Janet Whitfield Petitions for Guardian Advocate Over Her Adult Son David
Janet is filing in Orange County for her 19-year-old son David, who has Down syndrome and just turned 18, under Fla. Stat. § 393.12.
| Form Section | What Janet Enters |
|---|---|
| Caption | In the Circuit Court for the Orange County, Florida, Probate Division — In re: Guardian Advocacy of David Whitfield |
| Paragraph 1: Petitioner | Janet Whitfield, mother, 2200 Magnolia Ave, Orlando, FL 32803, age 51 |
| Paragraph 2: Ward | David Whitfield, DOB 02/04/2007, same address as petitioner |
| Paragraph 3: Developmental Disability | Down syndrome diagnosed at birth; IQ 52; APD client #FL-2019-44821 |
| Paragraph 4: Rights to Delegate | Contract, manage property up to $15,000; medical consent; education decisions |
| Paragraph 5: Proposed Guardian Advocate | Janet Whitfield, mother, no felonies, completed APD-approved course 05/01/2026 |
| Paragraph 6: Next of Kin | Mother Janet; father Robert Whitfield (same address); no siblings |
| Paragraph 7: Assets/Income | Assets $2,400 (custodial account); SSI $943/month; expenses paid by parents |
| Paragraph 8: Alternatives | Considered SDM agreement; David lacks capacity to execute durable POA |
| Verification | Signed 05/20/2026 before notary, online notarization, Orange County |
Scenario 3: Aisha Bell Petitions for Guardianship of Her Orphaned Niece Kayla (Minor)
Aisha is filing in Miami-Dade County for her 9-year-old niece after both parents died in a car accident, under Fla. Stat. § 744.3021.
| Form Section | What Aisha Enters |
|---|---|
| Caption | In the Circuit Court for Miami-Dade County, Florida, Probate Division — In re: Guardianship of Kayla Bell, a minor |
| Paragraph 1: Petitioner | Aisha Bell, paternal aunt, 1818 NW 54th St, Miami, FL 33142, age 38 |
| Paragraph 2: Minor | Kayla Bell, DOB 11/29/2016, residing with petitioner |
| Paragraph 3: Minority and Need | Both parents died 03/18/2026 in motor vehicle accident; no surviving parent |
| Paragraph 4: Scope | Guardian of the person and property; life insurance proceeds $250,000 payable to minor |
| Paragraph 5: Proposed Guardian | Aisha Bell, no felonies, completed 8-hour minor-guardian course 05/10/2026 |
| Paragraph 6: Next of Kin | Maternal grandmother Roberta Daniels, Atlanta GA; paternal grandfather deceased |
| Paragraph 7: Assets/Income | Life insurance $250,000; Social Security survivor benefits $1,420/month |
| Paragraph 8: Alternatives | No designated preneed guardian; no testamentary guardian named in either parent’s will |
| Verification | Signed 05/22/2026 before notary, physical presence, Miami-Dade County |
How to File the Completed Form
E-filing through the Florida Courts E-Filing Portal. Attorneys must e-file, and pro se filers may e-file, through the Florida Courts E-Filing Portal. Create a free account, select the correct circuit and county, choose Probate — Guardianship, upload the verified petition (PDF only), upload the Application for Appointment as Guardian, and pay the filing fee by credit card or e-check. The standard fee is approximately $400, and the portal issues an electronic stamped copy as proof of filing within 24 hours.
Paper filing at the clerk’s office. Pro se filers may take the original signed petition, the Application, and a check or money order for the filing fee (made payable to the clerk of court) to the probate division of the clerk’s office in the AIP’s county of residence. Examples include the Miami-Dade Clerk Probate Division, the Hillsborough Clerk Probate Records Department, and the Duval Clerk Probate Court. The clerk stamps two copies as filed and returns one to the petitioner as proof.
Filing by mail. A small number of counties accept guardianship petitions by mail. Send the original signed petition, the Application, a self-addressed stamped envelope for the conformed copy, and a check for the filing fee. Allow 7 to 14 business days for the clerk to file and return your copy. Always confirm the mailing rules with the specific county clerk before mailing.
Fax filing. Fax filing is not accepted for guardianship petitions in Florida because the petition is verified and requires an original notarized signature or its e-filed equivalent.
What Happens After You File
Within a few days of filing, the judge enters an Order Appointing Examining Committee under Fla. Stat. § 744.331, names three professionals (typically a psychiatrist or psychologist, a physician, and a layperson with relevant experience), and appoints an attorney for the alleged incapacitated person at the court’s expense or the ward’s expense.
The examining committee evaluates the AIP within 15 days and files separate written reports stating which rights the AIP can and cannot exercise. The petitioner does not attend those evaluations; the AIP’s court-appointed attorney does.
The court then sets a hearing on incapacity and on the petition for guardian, usually 30 to 60 days after filing. At the hearing the judge reviews the committee reports, hears any objections from the AIP’s attorney, and either denies the petition, grants partial guardianship, or grants plenary guardianship.
If granted, the judge issues Letters of Guardianship, which is the document banks, doctors, and care facilities will demand before the guardian can act. The guardian then has 60 days to file the Initial Guardianship Plan and the Initial Inventory under Fla. Stat. § 744.362.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county — the case will be transferred and you may lose service fees
- Writing only a diagnosis with no behavioral facts — the examining committee may find no clear and convincing evidence
- Leaving estranged adult children off the next-of-kin list — the entire guardianship can be voided later
- Asking to remove every right reflexively — judges will require amendments and may appoint an attorney ad litem
- Putting the full Social Security number on the petition — this violates Fla. R. Gen. Prac. & Jud. Admin. 2.425
- Signing the petition before reaching the notary — the verification fails and the clerk rejects it
- Forgetting to file the companion Application for Appointment as Guardian — Letters of Guardianship will not issue
- Skipping the 8-hour pre-appointment guardian education course required by Fla. Stat. § 744.3145
- Underestimating the AIP’s assets — perjury exposure and personal liability
- Failing to address less-restrictive alternatives — automatic denial under the least-restrictive doctrine
- Using a superseded form revision — clerks reject outdated forms at intake
- Submitting fingerprints late — Letters can be delayed 4 to 8 weeks while screening clears
Do’s and Don’ts
Do: – Do download the official form from the Florida Courts Self-Help page the same day you file, because revisions roll out without notice – Do complete the 8-hour guardian education course before signing the petition, because the certificate must be filed before Letters issue – Do list every next of kin even if you have not spoken to them in years, because omitting one can void the entire case – Do explain why each less-restrictive alternative will not work, because judges read this paragraph closely – Do schedule the notary appointment for the same day you sign, because verification only works when the notary watches you sign – Do keep the conformed copy stamped by the clerk in a safe place, because you will need to show it at every bank and hospital
Don’t: – Don’t write the AIP’s full Social Security number on the petition itself – Don’t paraphrase the official form’s field labels in your filing – Don’t ask to remove the right to vote unless you can prove the AIP cannot communicate a choice – Don’t file in your home county if the AIP lives elsewhere – Don’t sign in front of someone who is not a commissioned Florida notary – Don’t skip the Level 2 background screening for the proposed guardian
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se: – Saves $2,500 to $7,500 in attorney fees, which matters when the ward has limited assets – Keeps the family in direct control of the timeline and the narrative – Forces the petitioner to learn Chapter 744, which helps with the years of guardianship reports that follow – Allows quick filing in true emergencies, because you do not have to wait for an attorney intake – Builds direct rapport with the court attorney and clerk’s probate division staff
Cons of filing pro se: – High rejection rate; clerks return roughly 1 in 5 pro se guardianship petitions on the first pass – No legal advice on whether limited guardianship is more appropriate than plenary – Risk of perjury exposure on the asset paragraph if values are guessed – The AIP’s court-appointed attorney is often a guardianship specialist who will spot every weakness – Annual guardianship reports, plans, and accountings are technically demanding without counsel
FAQs
Do I have to file a separate Petition to Determine Incapacity?
Yes. For adult guardianships, the Petition to Determine Incapacity is a separate filing under Fla. Stat. § 744.3201 that runs alongside the Petition for Appointment of Guardian.
Can I file in any Florida county where I live?
No. Venue is proper only in the county where the AIP physically resides under Fla. Stat. § 744.202, even if you live elsewhere.
Do I write my mother’s full Social Security number in Paragraph 2?
No. Florida confidentiality rules forbid full SSNs in public filings; submit it on the separate confidential information sheet provided by the clerk.
Do I have to list my estranged brother as next of kin?
Yes. Fla. Stat. § 744.3201 requires every living adult sibling regardless of relationship quality, and omission can void the case.
Do I check the “right to vote” box in Paragraph 4 automatically?
No. Removing voting rights requires a specific finding that the AIP cannot communicate a choice; checking it without basis violates federal disability law.
Can I notarize the petition online?
Yes. Florida allows remote online notarization under Fla. Stat. § 117.265, but the jurat must state by means of online notarization.
Do I need a lawyer to file?
No. Pro se filing is allowed for natural persons, but professional guardians and corporate petitioners must be represented by counsel under Florida law.
Can I file by fax?
No. Fax filing is not accepted for verified guardianship petitions in Florida; use the e-portal or paper file.
Does the proposed guardian need a background check?
Yes. Level 2 screening under Fla. Stat. § 435.04 is mandatory before Letters of Guardianship issue.
Do I need to take the 8-hour guardian course before filing?
Yes. Fla. Stat. § 744.3145 requires the course before the court will appoint a family member as guardian, and the certificate is filed with the court.
Can I petition for emergency temporary guardianship instead?
Yes. Under Fla. Stat. § 744.3031 you may file an emergency petition that lasts up to 90 days while the regular petition is heard.
Does the filing fee get refunded if the petition is denied?
No. Clerk filing fees are non-refundable in Florida even when the judge denies the petition or the AIP is found to have capacity.
Do I have to file an inventory after appointment?
Yes. The guardian of the property must file the Initial Inventory within 60 days under Fla. Stat. § 744.365, or the court may remove the guardian.
Can a non-Florida resident serve as guardian?
Yes, but only blood relatives, adopted children, adopted parents, spouses, or siblings qualify under Fla. Stat. § 744.309(2); a friend or neighbor cannot.
Related reading
- How to Fill Out Florida Form P-3.0010 (w/Examples) + FAQs
- How to Fill Out Florida Form P-5.0500 (w/Examples) + FAQs
- How to Fill Out Texas Declaration of Guardian in the Event of Incapacity + FAQs
- How to Fill Out Florida Form P-3.0810 (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