Can I resign from a guardianship?

Full question:

I would like to resign from guardianship. Is it possible?

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

Answer:

Yes, a guardian may resign and may be relieved from his or her duties after providing a notice to the court and notice to the surety on his or her bond. Before discharging the guardian, the court will require the guardian to file true and correct report of his or her guardianship and deliver the same to the successor guardian all the property of the ward, the records concerning the property of the ward and the money due to the ward from the guardian. Guardian should also deliver all the medical or personal care record of the ward to the successor guardian. Before the order is passed by the court, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the guardian’s resignation.

This is provided in Fla. Stat. §744.467. It states;

“A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct final report of his or her guardianship and to deliver to the successor guardian all property of the ward, all records concerning the property of the ward or of the guardianship, and all money due to the ward from him or her. A guardian of the person must deliver to the successor guardian copies of all records of medical or personal care, prior to being discharged. Before entering the order, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the resignation. The acceptance of the resignation shall not exonerate the guardian or the guardian's surety from any liability previously incurred.”