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Can the court appoint a family member as the court monitor?

Can the court appoint a family member as the court monitor?

Full question:

My wife and I live in Florida. I am acting as the guardian to my minor brother who is incapacitated. The court has appointed a person as court monitor who is not from our family. I would like to know whether the court may appoint a family member as the court monitor?

Category: Guardianship
Date: 04/07/2025
State: Florida

Answer:

In Florida, in a guardianship proceeding, the court upon inquiry from any interested person or on its own motion in the proceeding, appoint a monitor. However, the court shall not appoint any family member or person who has personal interest in the proceedings. The order of appointment shall be served upon the guardian, the ward and other persons as the court may determine.

This is provided in Fla. Stat. §744.107. It states;

“(1) The court may, upon inquiry from any interested person or upon its own motion in any proceeding over which it has jurisdiction, appoint a monitor. The court shall not appoint as a monitor a family member or any person with a personal interest in the proceedings. The order of appointment shall be served upon the guardian, the ward, and such other persons as the court may determine."

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to become a guardian for an adult?

To become a guardian for an adult in Florida, you must file a petition with the court. This involves providing evidence of the adult's incapacity and your suitability as a guardian. The court will hold a hearing to evaluate the petition. If approved, you will be appointed as the guardian and must follow specific duties and responsibilities as outlined in Florida law (Fla. Stat. § 744.331). Always consult with a legal professional for guidance throughout the process. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What is considered a legal guardian in Florida?

A legal guardian in Florida is an individual appointed by the court to make decisions for someone who is unable to do so due to incapacity. This includes managing the person's personal affairs, healthcare, and finances. Guardianship is established through a legal process, and the guardian has a fiduciary duty to act in the best interest of the ward (the person under guardianship) as per Florida law (Fla. Stat. § 744.101). Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

How do you become a guardian over an adult?

To become a guardian over an adult in Florida, you need to file a petition in the appropriate court. This petition must include details about the adult’s incapacity and your qualifications. After filing, a court hearing will be scheduled to determine if guardianship is necessary. If the court finds that the adult is incapacitated, it will appoint you as their guardian, granting you legal authority to make decisions on their behalf (Fla. Stat. § 744.331). Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

How much does a guardianship of an adult get paid?

In Florida, guardians may be compensated for their services, but the amount can vary. The court typically sets the compensation based on the complexity of the case and the guardian's responsibilities. Guardians must submit a fee request to the court for approval. It's important to note that the guardian's fees must be reasonable and in the best interest of the ward (Fla. Stat. § 744.108). Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

What does it mean to be someone's guardian?

Being someone's guardian means you have the legal authority to make decisions on their behalf due to their incapacity. This includes managing their personal care, finances, and healthcare decisions. Guardians are responsible for acting in the best interest of the person they are appointed to protect, known as the ward. The role involves a fiduciary duty, meaning you must act with care and loyalty (Fla. Stat. § 744.101). Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

Does guardianship override power of attorney in Florida?

In Florida, guardianship can override a power of attorney if the court determines that the individual is incapacitated. A guardian has the authority to make decisions for the ward, which may include areas covered by a power of attorney. However, if the power of attorney was established while the person was competent, it may still hold unless revoked by the court (Fla. Stat. § 744.3215). Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.