How to Fill Out Florida Petition to Remove Guardian (w/Examples) + FAQs

A Florida Petition to Remove Guardian is the formal court document an interested person, ward, or successor guardian files in the circuit court probate division to ask a judge to discharge an existing guardian under Florida Statutes §744.474. The petition triggers a contested hearing, freezes major guardian decisions, and forces the guardian to defend their fitness to keep serving.

Filing the wrong version of this petition, missing the verification block, or skipping the certificate of service can get the case dismissed before a judge ever reads the substance. According to the Florida Office of Public & Professional Guardians 2024 annual report, Florida circuit courts oversee more than 53,000 active adult guardianships, and removal petitions are among the most frequently rejected probate filings due to procedural defects.

Here is what you will learn in this guide:

• ⚖️ The exact statutory grounds under §744.474 that justify removal and how to plead them
• 📝 A line-by-line walkthrough of every box, signature line, and verification field on the petition
• 👨‍👩‍👧 Three full filled-out scenarios using named filers in real Florida counties
• 💻 How to e-file through the Florida Courts E-Filing Portal and what the clerk actually does next
• 🚨 The most common field-level mistakes that cause rejection and how to avoid them

What the Petition to Remove Guardian Is and Who Must File It

The Petition to Remove Guardian is a verified pleading filed in the same circuit court probate case where the guardianship was first opened. It asks the court to enter an order under §744.477 discharging the current guardian and, when needed, appointing a successor under §744.471. The petition can target a guardian of the person, guardian of the property, plenary guardian, limited guardian, guardian advocate appointed under §393.12, or a guardian of a minor under §744.3021.

Any “interested person” can file. That phrase is defined in §731.201(23) and includes the ward, the ward’s next of kin, a creditor, a successor guardian nominee, and in some cases the clerk of the circuit court when audits flag accounting problems. The ward themselves has an absolute right to petition under §744.3215(1)(j), even when subject to plenary guardianship.

Filing this petition does not automatically suspend the guardian. The court must enter a separate order, often after an emergency motion, to suspend powers under §744.3715. Until that happens, the existing guardian keeps full authority over the ward’s person and property.

The form itself is not a single statewide Supreme Court Approved Family Law Form. It is a probate pleading governed by Florida Probate Rule 5.660 and drafted using either a circuit-specific template (for example, the Miami-Dade Probate Court forms page) or an attorney-drafted document that complies with Rule 5.020 on pleading format.

Before You Start: Documents and Information You Need

Gather these items before opening the petition. Missing any one of them is the most common reason a petition gets returned or denied at the first hearing under Florida Probate Rule 5.025.

• The original Letters of Guardianship. This proves the current guardian’s authority. Without the case number printed on the Letters, the clerk cannot route the petition to the correct judge.
• The most recent annual guardianship plan and accounting. These are filed under §744.367 and §744.3678. They give the factual backbone for any neglect or mismanagement claim.
• The ward’s full legal name, date of birth, and current residence. The court cross-checks these against the original guardianship file. A mismatch triggers a clerk-level rejection.
• Names and addresses of all interested persons. Required for the certificate of service. Missing one heir voids notice and forces a re-filing.
• The case number and division. Found at the top of every prior filing in the case. Filing under a new number opens a duplicate case and wastes the filing fee.
• Specific factual allegations with dates. Vague claims like “she’s a bad guardian” fail. You need dated incidents tied to statutory grounds.
• Documentary evidence. Bank statements, medical records, photos, text messages, or police reports that back the allegations.
• A proposed successor guardian’s contact information. If you want a specific person appointed, you must name them and attach their consent.
• The filing fee or an Application for Determination of Civil Indigent Status. The petition costs roughly $401 in most circuits per the Florida Clerks fee schedule.
• A Florida Bar number if an attorney is filing, or a verified pro se signature block under §92.525.

Where to Get the Form and How to Access It

There is no statewide one-size petition. Most counties post a fillable template on their circuit court probate page. The Ninth Judicial Circuit (Orange and Osceola) and the Eleventh Judicial Circuit (Miami-Dade) publish full PDF petitions with line-by-line prompts. The Seventeenth Judicial Circuit (Broward) and the Thirteenth Judicial Circuit (Hillsborough) post similar forms.

If your circuit does not post a template, you draft the petition from scratch following Florida Probate Rule 5.660 and the formatting rules in Rule 2.520 of the Florida Rules of General Practice and Judicial Administration. The pleading must be on 8.5 x 11 paper, have a 1-inch top margin on the first page, and bear the case style at the top.

The Florida Law Help self-help portal and The Florida Bar Consumer Pamphlets also link to sample petitions, but those are starting points, not court-approved forms. Always cross-check any sample against your circuit’s local rules before filing.

Once you have the template, save it as a PDF that supports text entry. Filling it in by hand is allowed but discouraged because the E-Filing Portal requires a text-searchable PDF for upload. Handwritten petitions get scanned and rejected for poor OCR more often than typed ones.

Step-by-Step: How to Fill Out the Florida Petition to Remove Guardian Line by Line

Each H3 below covers one field, box, or section of the petition in the order it appears on the standard Eleventh Circuit template, which mirrors the structure used statewide.

Case Caption: Court Name and Division

The caption sits at the top of page 1. It tells the clerk which judge owns the case.

What the field asks in plain English. Name the circuit court, the county, the probate division, and the case number printed on the original Letters of Guardianship.

How to answer it. Type the court name in all caps on line 1 (IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA). On line 2 type PROBATE DIVISION. On line 3 type CASE NO.: 2022-CP-001234.

Specific example. Maria Lopez writes IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA — PROBATE DIVISION — CASE NO.: 2022-CP-001234.

Nuance. If the case was opened in a different county and the ward later moved, you cannot change venue inside the petition. You must first file a separate motion to transfer venue under §744.202.

Common mistake and consequence. Filers copy the case number from a relative’s separate probate matter. The clerk dockets the petition in the wrong file, the original guardianship judge never sees it, and the 60-day clock under Rule 5.025 expires.

Misconception. Many filers think any circuit judge can hear the petition. Only the judge assigned to that probate division has jurisdiction.

Title of Pleading

Right under the caption sits the title of the pleading.

What the field asks. Identify the document type so the clerk routes it correctly.

How to answer it. Type PETITION FOR REMOVAL OF GUARDIAN in bold, all caps, centered. If you also want a successor appointed, use PETITION FOR REMOVAL OF GUARDIAN AND APPOINTMENT OF SUCCESSOR GUARDIAN.

Specific example. Carlos Reyes titles his pleading PETITION FOR REMOVAL OF GUARDIAN AND APPOINTMENT OF SUCCESSOR GUARDIAN because he wants his sister appointed in place of the current guardian.

Nuance. If you are also asking for emergency suspension under §744.3715, file that as a separate motion. Do not bury it inside this petition title.

Common mistake and consequence. Filers title it MOTION TO REMOVE GUARDIAN. Probate courts treat motions and petitions differently, and a motion will not get a hearing date assigned.

Misconception. People assume the title is decorative. It is not — the clerk uses the title verbatim to assign the docket code that controls hearing scheduling.

Paragraph 1: Petitioner Identification

The first numbered paragraph identifies who is filing.

What the field asks. State the petitioner’s full legal name, address, relationship to the ward, and standing as an interested person under §731.201(23).

How to answer it. Write a complete sentence: Petitioner, Maria Elena Lopez, residing at 1450 SW 12th Avenue, Miami, FL 33129, is the adult daughter of the Ward and an interested person under §731.201(23), Florida Statutes.

Specific example. Janet Whitfield, residing at 8821 Gulf Boulevard, St. Petersburg, FL 33706, is the Ward’s spouse of 22 years and an interested person.

Nuance. A creditor petitioner must also state the amount and basis of the debt to establish standing. A successor-guardian nominee must attach a written consent.

Common mistake and consequence. Filers omit the standing statement. Judges routinely dismiss for lack of standing under §744.331 when the relationship is not pleaded.

Misconception. Filers think being “family” is enough. Florida law requires a recognized statutory category, and “cousin” or “in-law” can be challenged.

Paragraph 2: Ward Identification

This paragraph names the protected person.

What the field asks. Identify the ward by full legal name, date of birth, current address, and the date guardianship was established.

How to answer it. Write: The Ward, Robert James Lopez, date of birth 04/18/1948, currently resides at Sunrise Memory Care, 220 NE 5th Street, Miami, FL 33132. The Ward was adjudicated incapacitated and a plenary guardian was appointed on 06/12/2022.

Specific example. Aisha Brown writes The Ward, Eleanor Brown, DOB 11/02/1939, resides at 4400 Pine Ridge Road, Naples, FL 34119, and has been under plenary guardianship since 03/15/2021.

Nuance. If the ward is a minor under §744.3021, say so and identify whether the guardianship is over the person, property, or both.

Common mistake and consequence. Using the ward’s nickname or maiden name. The court file is indexed under the legal name, and a mismatch can void notice.

Misconception. Filers think they should hide the ward’s address for privacy. Florida law requires the address; you can move sensitive information to a separate notice of confidential information under Rule 2.420.

Paragraph 3: Current Guardian Identification

This paragraph names the person to be removed.

What the field asks. State the current guardian’s full legal name, address, the date of appointment, and whether they are a guardian of person, property, or plenary.

How to answer it. Write: The Guardian, Susan Marie Lopez, residing at 980 Brickell Avenue, Miami, FL 33131, was appointed plenary guardian of the person and property of the Ward by Order dated 06/12/2022.

Specific example. Marcus Thompson writes The Guardian, Diane Thompson, residing at 600 Las Olas Boulevard, Fort Lauderdale, FL 33301, was appointed guardian of the property only on 09/01/2023.

Nuance. If there are co-guardians, list them in separate sub-paragraphs and specify whether you seek removal of one or both.

Common mistake and consequence. Filers list a professional guardian’s business address instead of the registered address with the Office of Public and Professional Guardians. Service can fail.

Misconception. People assume professional guardians can be sued at their company’s address. Service must follow §48.031.

Paragraph 4: Statutory Grounds for Removal

This is the heart of the petition.

What the field asks. Identify which subsection of §744.474 supports removal. There are 19 statutory grounds, including fraud, mismanagement, abuse of powers, failure to file the annual plan, conflict of interest, conviction of a felony, and incapacity of the guardian.

How to answer it. State the exact subsection and quote the statutory language. Example: Removal is sought under §744.474(2) (failure to discharge duties) and §744.474(7) (conviction of a felony).

Specific example. Carlos Reyes writes Petitioner seeks removal under §744.474(2) for failure to file the annual guardianship plan due 04/30/2025, and under §744.474(8) for waste, mismanagement, or improper investment of the Ward’s funds.

Nuance. You can plead multiple grounds in the alternative. Each ground needs its own factual paragraph backing it up later in the petition.

Common mistake and consequence. Filers cite the wrong subsection number. The judge may strike the ground at hearing under Rule 1.140, which makes that allegation legally unusable.

Misconception. People think generalized “neglect” is a ground. It is not — Florida demands a statutory hook from §744.474’s enumerated list.

Paragraph 5: Factual Allegations

This is the narrative section.

What the field asks. Provide dated, specific facts that prove each statutory ground.

How to answer it. Number each factual allegation. Tie each to a ground from Paragraph 4. On 02/14/2025, the Guardian withdrew $14,000 from the Ward’s SunTrust account ending 4421 and deposited it into her personal account ending 9982. This violates §744.474(8).

Specific example. Janet Whitfield writes On 11/03/2024, the Guardian failed to file the annual accounting due 10/31/2024, in violation of §744.367 and §744.474(2).

Nuance. Attach exhibits and reference them by letter (Exhibit A, Exhibit B). Bank statements, medical records, and certified court documents carry the most weight.

Common mistake and consequence. Filers write conclusions (“she’s stealing”) without the dated facts. Judges dismiss conclusory pleadings under Rule 1.110(b).

Misconception. People think hearsay and rumor are admissible. The petition must rest on facts the petitioner can prove with admissible evidence at hearing.

Paragraph 6: Request for Successor Guardian

If you want someone specific appointed, this paragraph is mandatory.

What the field asks. Name the proposed successor, their relationship to the ward, and their qualifications under §744.309.

How to answer it. Write: Petitioner requests that David Reyes, the Ward’s adult son, residing at 7700 SW 88th Street, Miami, FL 33156, be appointed successor guardian. Mr. Reyes is a Florida resident, has no felony convictions, and is not otherwise disqualified under §744.309.

Specific example. Marcus Thompson nominates Aunt Patricia Thompson, who has completed the 8-hour guardian education course required by §744.3145.

Nuance. Out-of-state successors must be related to the ward by blood, marriage, or adoption per §744.309(2).

Common mistake and consequence. Filers nominate themselves without disclosing a felony or pending bankruptcy. The court appoints a professional guardian instead, which the petitioner often does not want.

Misconception. Filers think the court must appoint their nominee. The judge picks the successor in the ward’s best interest, and your nomination is just a recommendation.

Paragraph 7: Prayer for Relief

The “wherefore” paragraph.

What the field asks. State exactly what orders you want.

How to answer it. Use bullet-style sub-paragraphs: (a) Remove Susan Marie Lopez as guardian; (b) Appoint David Reyes as successor; (c) Compel a final accounting within 30 days under §744.527; (d) Award costs and attorney’s fees under §744.108.

Specific example. Aisha Brown writes (a) Discharge Eleanor Brown’s current guardian; (b) Appoint Aisha Brown as successor; (c) Order surrender of all guardianship records within 20 days.

Nuance. Always ask for the final accounting under §744.527. Without it, the outgoing guardian can stall asset turnover for months.

Common mistake and consequence. Filers forget to ask for fees. Florida courts will not award attorney’s fees that were not specifically requested in the prayer.

Misconception. People think the judge will give them whatever is fair. The court can only grant relief actually requested in the petition.

Verification Block

Every removal petition must be verified.

What the field asks. A sworn statement that the facts are true, signed under penalty of perjury per §92.525.

How to answer it. Use this language: Under penalties of perjury, I declare that I have read the foregoing Petition and the facts stated in it are true. Then sign and print your name and date.

Specific example. Maria Lopez signs Maria Elena Lopez, dates 05/27/2026, and prints her name below.

Nuance. A notarized signature is not required when you use the §92.525(2) declaration format. A notary is required only if the petition is filed by a non-Florida resident.

Common mistake and consequence. Filers sign without the perjury language. The petition is treated as unverified and dismissed under Rule 5.020(d).

Misconception. People think their attorney can verify for them. Only the petitioner with personal knowledge can sign the verification.

Certificate of Service

The final block on the petition.

What the field asks. A list of every person served, the date, and the method.

How to answer it. Write: I HEREBY CERTIFY that on 05/27/2026, I served this Petition by E-Mail through the Florida Courts E-Filing Portal on Susan Marie Lopez at slopez@email.com, and by U.S. Mail on the Ward, Robert James Lopez, at 220 NE 5th Street, Miami, FL 33132.

Specific example. Carlos Reyes lists service on the guardian’s attorney, the ward’s court-appointed attorney under §744.3215(1)(l), and all next of kin.

Nuance. Service through the E-Filing Portal on registered users is automatic, but pro se ward attorneys may not be portal users — confirm before relying on it.

Common mistake and consequence. Filers skip serving the ward. That alone voids the proceeding under Rule 5.040.

Misconception. People think the clerk serves the petition. The clerk does not — service is the petitioner’s job.

Three Filled-Out Examples Using Real Scenarios

The three examples below show how named filers complete the petition end to end.

Scenario 1: Maria Lopez (Adult Child Alleging Self-Dealing)

Form Section	What Maria Enters
Court and Case Number	IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, MIAMI-DADE COUNTY, PROBATE DIVISION, CASE NO.: 2022-CP-001234
Title	PETITION FOR REMOVAL OF GUARDIAN AND APPOINTMENT OF SUCCESSOR GUARDIAN
Petitioner	Maria Elena Lopez, daughter, 1450 SW 12th Ave, Miami, FL 33129
Ward	Robert James Lopez, DOB 04/18/1948, Sunrise Memory Care, Miami
Current Guardian	Susan Marie Lopez, plenary guardian since 06/12/2022
Statutory Grounds	§744.474(2), (7), and (8) — failure of duty, felony conviction, mismanagement
Key Fact	On 02/14/2025, Guardian transferred $14,000 from Ward’s account to her own
Requested Successor	David Reyes, adult son, no disqualifications under §744.309
Prayer	Remove guardian, appoint successor, compel accounting, award fees
Verification	Signed under §92.525 on 05/27/2026

Scenario 2: Janet Whitfield (Ward’s Spouse — Failure to File Annual Plan)

Form Section	What Janet Enters
Court and Case Number	IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, PINELLAS COUNTY, PROBATE, CASE NO.: 2020-GA-005566
Title	PETITION FOR REMOVAL OF GUARDIAN
Petitioner	Janet Whitfield, spouse of 22 years, 8821 Gulf Blvd, St. Petersburg
Ward	Harold Whitfield, DOB 07/22/1942, plenary guardianship since 03/01/2020
Current Guardian	Patricia Doyle, professional guardian, registry #PG-2287
Statutory Grounds	§744.474(2) and (10) — failure to file annual plan and accounting
Key Fact	Annual plan due 03/31/2025 not filed; accounting due 03/31/2025 not filed
Requested Successor	Janet Whitfield (self), educated under §744.3145
Prayer	Remove guardian, compel surrender of records within 20 days, appoint spouse
Verification	Signed under penalty of perjury 05/27/2026

Scenario 3: Marcus Thompson (Successor Filing After Guardian Moved Out of State)

Form Section	What Marcus Enters
Court and Case Number	IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, BROWARD COUNTY, PROBATE, CASE NO.: 2023-CP-009912
Title	PETITION FOR REMOVAL OF GUARDIAN AND APPOINTMENT OF SUCCESSOR GUARDIAN
Petitioner	Marcus Thompson, brother, 7700 NW 78th Way, Coral Springs, FL 33065
Ward	Linda Thompson, DOB 09/30/1955, guardianship of property since 11/02/2023
Current Guardian	Diane Thompson, recently relocated to Atlanta, Georgia
Statutory Grounds	§744.474(4) and (16) — non-resident not qualified, change of residence outside state
Key Fact	Diane Thompson moved to Georgia on 01/15/2026 and is no longer a Florida resident
Requested Successor	Patricia Thompson, aunt, Florida resident, completed 8-hour course
Prayer	Remove guardian, appoint Patricia Thompson, compel accounting under §744.527
Verification	Signed under §92.525 on 05/27/2026

How to File the Completed Florida Petition to Remove Guardian

You can file three ways. Each channel has a different fee, processing time, and proof-of-filing.

Online via the E-Filing Portal. Go to the Florida Courts E-Filing Portal, log in, select the existing probate case, upload the petition as a text-searchable PDF, and pay the filing fee. The fee is approximately $401 and accepted payment methods include Visa, MasterCard, Discover, American Express, and ACH from a U.S. bank account. Processing time is usually 1 to 3 business days. The portal emails you a stamped copy as proof.

In person at the Clerk’s Office. Bring the original signed petition plus one copy to the clerk of the circuit court in the county where the guardianship is pending. The clerk stamps both copies, keeps the original, and returns the copy to you. Pay the $401 fee by cash, money order, or check made out to the Clerk of the Circuit Court. Same-day docketing is standard.

By mail. Send the original signed petition, two copies, a self-addressed stamped envelope, and a check for $401 to the probate division of the clerk’s office. The clerk stamps and returns one copy. Mail filing typically takes 5 to 10 business days. Use certified mail with return receipt requested for proof of timely filing.

Fax filing is not allowed for new probate petitions in any Florida circuit. The Florida Rules of General Practice and Judicial Administration Rule 2.525 require electronic filing for represented parties, and most clerks have eliminated fax intake.

Indigent filers can submit an Application for Determination of Civil Indigent Status instead of paying the fee. Approval waives the $401 charge.

What Happens After You File

The clerk dockets the petition and routes it to the assigned probate judge. Within 7 to 14 days, the court typically issues a notice of hearing or sets a case management conference. The current guardian must respond, usually within 20 days under Rule 5.040.

If you also filed an emergency motion to suspend powers under §744.3715, the court can rule ex parte within 24 to 72 hours and appoint an emergency temporary guardian under §744.3031. That suspension lasts up to 90 days.

The contested removal hearing usually happens 60 to 120 days after filing. Both sides present evidence. The judge can grant removal, deny it, order mediation, or impose lesser sanctions like increased bond or required accounting reviews.

If removal is granted, the court enters an order under §744.477 discharging the guardian. The outgoing guardian then has 30 days to file a final accounting under §744.527 and surrender all records to the successor.

Either side can appeal a removal order to the Florida District Court of Appeal within 30 days. Removal orders are immediately appealable as final orders in the guardianship.

Mistakes to Avoid When Filling Out the Petition to Remove Guardian

These are the 12 most frequent errors that get petitions denied or delayed.

• Filing under the wrong case number. Routes the petition to a different judge and stalls action.
• Citing a non-existent §744.474 subsection. Strikes that ground from the petition entirely.
• Skipping the verification block. Triggers automatic dismissal under Rule 5.020(d).
• Failing to serve the ward. Voids the entire proceeding for lack of due process.
• Pleading conclusions instead of facts. Judges dismiss conclusory petitions on the guardian’s first motion.
• Forgetting the certificate of service. Clerk rejects the filing at intake.
• Naming a disqualified successor. Court ignores your nominee and appoints a professional guardian.
• Missing exhibits. Without bank statements or medical records, allegations look like speculation.
• Using the ward’s nickname. Causes indexing failures and notice problems.
• Asking for relief not authorized by statute. Judge denies the request and the time spent is wasted.
• Filing without paying the fee or indigency form. Clerk rejects and the petition is not deemed filed.
• Suing co-guardians as one entity. Each co-guardian must be named and served separately under §48.031.

Do’s and Don’ts

Use this list as a final pre-filing check.

• Do cite the exact §744.474 subsection because vague grounds get stricken at hearing.
• Do attach numbered exhibits because judges weigh documents far more than narrative.
• Do serve the ward’s court-appointed attorney because that attorney has independent standing to oppose.
• Do include a request for fees because Florida courts will not award unrequested fees.
• Do verify under §92.525 because unverified petitions are nullities.
• Do keep a stamped copy because the clerk’s stamp is your only proof of timely filing.
• Don’t file conclusory allegations because the judge will dismiss without an evidentiary hearing.
• Don’t name yourself successor without disclosing disqualifications because misstatements draw sanctions.
• Don’t skip the proposed order because judges often sign your draft when removal is granted.
• Don’t file in the wrong county because venue defects can void the order.
• Don’t forget to update the certificate of service if you add parties because missed notice voids hearings.
• Don’t rely on email service for unrepresented parties because the rules require U.S. mail or hand delivery.

Pros and Cons of Filing on Your Own vs. With Help

Approach	Pros and Cons
Pro Se Filing	Pro: Saves $3,000–$10,000 in attorney fees. Pro: Full control over allegations and timing. Pro: Most clerk staff can answer procedural questions for free. Con: No guidance on which §744.474 ground best fits. Con: Easy to draft conclusory pleadings that get dismissed. Con: Discovery rules under Rule 1.280 are complex. Con: Pro se filers cannot recover attorney’s fees under §744.108. Con: Emotional stress is higher when self-representing in family disputes.
With a Probate Attorney	Pro: Attorney drafts §744.474 grounds with case law support. Pro: Counsel handles service, exhibits, and hearings. Pro: Fees may be awarded against the guardian under §744.108. Pro: Lawyer can file emergency suspension motions same-day. Pro: Higher win rates in contested removals. Con: Costs $3,000–$15,000 retainer in most counties. Con: Less direct control over filings. Con: Hourly billing can outpace estate value in small cases.

Petition to Remove Guardian vs. Petition for Resignation

Petition Type	Key Differences
Petition for Removal under §744.474	Filed by an interested person, alleges fault, contested, requires evidentiary hearing, may include fee-shifting under §744.108
Petition for Resignation under §744.471	Filed by the guardian, voluntary, uncontested, requires only a final accounting and successor appointment, no fault alleged

Key Florida Agencies and Statutes That Interact with This Petition

The Office of Public and Professional Guardians regulates professional guardians and processes complaints under §744.2004. Filing a complaint with OPPG is a separate process from a removal petition but can support the petition’s factual allegations.

The Florida Department of Children and Families Adult Protective Services intake line handles abuse, neglect, and exploitation reports under §415.103. DCF investigations can produce documentary evidence the petitioner can attach as exhibits.

The Florida Bar Lawyer Referral Service connects pro se petitioners with probate attorneys for a $25 initial consultation. The Florida Statewide Guardian ad Litem Program appears in minor guardianship cases when removal is contested.

FAQs

Can I file the petition without an attorney?

Yes. Pro se filing is allowed in Florida probate court under Rule 5.030. The clerk cannot give legal advice but will accept properly formatted petitions.

Do I need to pay a filing fee?

Yes. The standard probate filing fee is approximately $401 statewide. Indigent filers can submit an Application for Determination of Civil Indigent Status to waive it.

Can the ward file their own removal petition?

Yes. Under §744.3215(1)(j), every ward retains the right to petition the court regarding any matter affecting them, including removal of the guardian.

What if the guardian lives in another state?

Yes, that alone is grounds under §744.474(16). A non-resident guardian who is not related to the ward by blood, marriage, or adoption is no longer qualified.

Do I write the ward’s legal name or nickname in Paragraph 2?

Yes, use the full legal name exactly as it appears on the original Letters of Guardianship to avoid indexing errors.

Can I file in any Florida county?

No. You must file in the county where the guardianship case is pending unless venue has been formally transferred under §744.202.

Do I need to notarize my signature on the petition?

No. A §92.525(2) declaration under penalty of perjury satisfies verification without a notary for Florida-resident petitioners.

Can I name myself as successor in Paragraph 6?

Yes, if you meet §744.309 qualifications. Disclose any felony, bankruptcy, or nonresident status to avoid sanctions.

Do I have to allege a felony to remove the guardian?

No. Any one of the 19 grounds in §744.474 is enough. Felony conviction is just one option among many.

Will the court suspend the guardian as soon as I file?

No. Suspension requires a separate emergency motion under §744.3715. The petition alone does not freeze the guardian’s powers.

Can I include emergency relief inside the petition itself?

No. Emergency suspension must be filed as a stand-alone motion to get same-day or next-day attention from the judge.

Do I serve the petition on every relative listed in the original guardianship?

Yes. All “interested persons” identified in the case must be served per Rule 5.040. Missing one voids notice and forces a re-filing.

What box do I check for guardian advocate cases?

Yes, there is no separate box on most templates. Identify the guardian advocate appointment under §393.12 inside Paragraph 3 instead.

Can I recover attorney’s fees if I win?

Yes, under §744.108 the court may award fees against the guardian or the guardianship estate when removal is granted and the petition benefits the ward.

Do I need to attach the original Letters of Guardianship?

No, but you should reference the case number and date of appointment. The clerk already has the original Letters in the court file.