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How can the guardianship be terminated in Florida?

How can the guardianship be terminated in Florida?

Full question:

I live with my court appointed guardian in Florida. I would like to know how can the guardianship be terminated?

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

Answer:

When the ward becomes independent (sui juris) or restored to capacity or when the guardian is unable to locate the ward through diligent search or for a guardian of the property, when the property subject to guardianship has exhausted, the guardian may file a final report of the same and receive his or her discharge. A guardian of the ward is discharged without further proceeding upon filing of a certified copy of the ward’s death certificate. The court may thus require proof of the removal of incapacity.

Fla. Stat. §744.521 states termination of guardianship. It reads:

“When a ward becomes sui juris or is restored to capacity, when the guardian has been unable to locate the ward through diligent search, or, for a guardian of the property, when the property subject to the guardianship has been exhausted, the guardian shall file a final report and receive his or her discharge. A guardian of the person is discharged without further proceeding upon filing a certified copy of the ward's death certificate. The court may require proof of the removal of incapacity.”

Therefore, the guardian has to file a final report to get discharged himself from guardianship if you have become independent or have restored capacity or if your guardian is unable to locate you.

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 fight a guardianship case?

To fight a guardianship case in Florida, you can file a petition to contest the guardianship in court. You may argue that the ward is capable of managing their own affairs or that the guardian is not acting in the best interest of the ward. It's advisable to gather evidence and possibly seek legal representation to strengthen your case. The court will evaluate the evidence presented before making a decision. Remember, the burden of proof lies with the person contesting the guardianship.

What are the negative effects of guardianship?

Guardianship can limit a person's autonomy and decision-making abilities. The ward may feel a loss of independence and control over their life. Additionally, guardianship can lead to financial exploitation if the guardian mismanages the ward's assets. Emotional distress and familial conflicts may also arise, especially if family members disagree on the guardian's role or decisions.

How much power does a guardian have?

In Florida, a guardian has significant authority over the ward's personal and financial matters, depending on the type of guardianship. A guardian of the person can make decisions about living arrangements, healthcare, and daily activities. A guardian of the property manages the ward's financial affairs. However, the guardian must act in the best interest of the ward and is accountable to the court. The specific powers are defined in the court order establishing the guardianship.

What are the disadvantages of being a legal guardian?

Being a legal guardian can be demanding and time-consuming. Guardians often face emotional stress from the responsibility of making decisions for another person. Additionally, they may encounter legal challenges, such as disputes with family members or the court. Financially, guardians may incur costs related to the ward's care, and they are accountable for managing the ward's assets responsibly.

How long does guardianship last in Florida?

In Florida, guardianship lasts until it is terminated by the court. This can occur if the ward regains capacity, the guardian can no longer fulfill their duties, or the ward passes away. The court periodically reviews the guardianship to ensure it remains necessary and in the ward's best interest. If circumstances change, either party can petition the court for modification or termination of the guardianship.

How do you terminate guardianship in Florida?

To terminate guardianship in Florida, a petition must be filed with the court. The petition should demonstrate that the ward has regained capacity or that other grounds for termination exist, such as the guardian's inability to locate the ward. The court may require evidence of the ward's restored capacity. Once approved, the guardian must file a final report to be discharged. Refer to Fla. Stat. § 744.521 for specific conditions.