Florida Nomination or Selection of Guardian by Minor

State:
Multi-State
Control #:
US-03327BG
Format:
Word; 
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Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In order to establish a guardianship, someone must file a petition with the local court where the alleged ward resides. This process is completed by hiring a local attorney to draft the petition. Once the petition is filed, the court will appoint an attorney to represent the alleged incapacitated person.

A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. After adjudication, the subject of the guardianship is termed a "ward."

Becoming a Guardian in Florida By signing a power of attorney, your parent consents to the guardianship. This process does not require going to court; it can save time and money compared to filing a petition with the local court.

The 2023 Florida Statutes 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian. (2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court.

With guardianship, the guardian is appointed on a temporary basis to protect the child's best interests, and the parents' rights are not terminated.

Guardianship Fees ServiceFeeGuardianship of person only$236.00Guardian of the Person and Property$401.00Guardian Advocacy$401.00Guardianship Settlement Claim for a Minor under $15,000$232.0011 more rows

Florida Process for Appointing a Guardian Guardianship of a minor starts with a petition for the appointment of a guardian. This petition must give formal notice to any parent who is not included in the petition or has not consented to the appointment to be valid.

The guardianship process is as follows: A petition is filed. Any competent adult may file with the court a petition to determine another person's incapacity. ... A hearing is held. The court will hold a hearing to review the reports of the examining committee. ... If necessary, a guardian will be appointed.

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Florida Nomination or Selection of Guardian by Minor