Guardianship Proceedings Involving Minors

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Florida law requires the Court to appoint a Guardian for minors in circumstances where the minor child’s parent(s) die or become incapacitated, or if a child receives inheritance or proceeds from a lawsuit or insurance policy exceeding the amount allowed by statute, $15,000.00. (Fla. Stat. 744.3025).

Whether one is dealing with a minor whose assets must be managed by another or an adult with a disability who is not capable of making decisions for themself, when the Court removes an individual’s rights to order their own affairs there is an accompanying duty to protect the individual. One of the Court’s duties is to appoint a Guardian. (Fla. Stat. 744.3025).

Most the work in a child-related guardianship proceedings are done the first year. There are initial filings, required tasks of the Guardian (background check, fingerprints, guardianship training, etc.) In addition, Inventories and Initial and Annual Accountings and Guardianship Plans must be filed. The Annual Plans need to be filed each year thereafter until the guardianship is terminated. In addition, the Guardian must open a restricted guardianship account and comply with all Florida laws as pertains to the duties of the Guardian.

When does the guardianship end?

A guardianship of a minor automatically ends when the child reaches the “age of majority,” or eighteen (18) years old. The child, now an adult, can legally make their own decisions. Subsequently, a Guardian of a minor’s property terminates simultaneously, and the Guardian must distribute the funds to the child after the child files a Petition with the Court to discharge the Guardian and authorize the distribution of funds. This of course, should be done through counsel of record.

Why choose the Horton Law Group?

At the Horton Law Group, we treat our clients like family. We are actively involved in the community. We maintain professional relationships with our clients long after their cases are resolved. We work hand in hand with our clients every step of the way to make sure they are involved and are aware of what is going on in their case. We are confident that you will be happy with your decision to hire the Horton Law Group to represent you during this difficult time. Please call 561-299-0018 to schedule your free 30-minute consultation with a qualified member of our team.

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