This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Palm Beach Florida Standby Guardianship Guide
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Multi-State
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Palm Beach
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US-ADOP6
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How to fill out Standby Guardianship Guide?
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FAQ
Standalone guardianship refers to a legal arrangement where a guardian has independent authority over a child without the need for regular review by the court. Unlike standby guardianship, where the arrangement activates under specific conditions, standalone guardianship provides ongoing, active authority. For detailed information on this process, refer to the Palm Beach Florida Standby Guardianship Guide.
Guardianship Fees & Costs Filing TypeCostGuardianship of Person Only$235Guardianship of Person/Property Ancillary$400Guardianship of Property Only$400Miscellaneous One Document Filing$2319 more rows
The Process 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.
(4) The authority of an emergency temporary guardian expires 90 days after the date of appointment or when a guardian is appointed, whichever occurs first. The authority of the emergency temporary guardian may be extended for an additional 90 days upon a showing that the emergency conditions still exist.
Guardianship Fees & Costs Filing TypeCostGuardianship of Person Only$235Guardianship of Person/Property Ancillary$400Guardianship of Property Only$400Miscellaneous One Document Filing$2319 more rows
Obtaining the guardianship of an adult is not a long drawn out process as one might think. If everything goes smoothly and it is not contested by anyone, a guardian is generally appointed in roughly 30 days.
Any adult resident of Florida, related or unrelated to the potential ward, can serve as a guardian. Certain relatives of the ward who do not live in Florida also may serve as guardian. However, people who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed.
Pursuant to section 751.05(7), Florida Statutes, at any time, either or both of the child(ren)'s parents may petition the Court to terminate the order granting temporary legal custody upon a finding that the patent requesting termination of the order is a fit parent, or by consent of the parties.
It generally takes 2-3 months for this full process to be completed, unless there is litigation/contested proceedings, at which point the guardian will now be able to help the ward.
Temporary guardianship can be exercised when parents need to leave home for a long period due to various reasons: work or health conditions, etc. The completed Temporary Custody Agreement allows a person indicated in the document to gain a parent-like control over a minor child/children.
