Florida Guardianship Of Minor Child - What To Expect

If you were appointed guardianship of minor children in a loved one’s will or you’re looking to learn more about the available options for getting guardianship, you’ve come to the right place. 

Fulfilling this role is a huge responsibility. Thus, to make the best decisions after assuming said role, you need to know exactly what Florida guardianship of minor child entails.

What is a Guardian?

A guardian is a designated person who has the legal responsibility and authority to decide on behalf of a minor individual who is in their care. In this legal relationship, the child is referred to as a ward under the guardianship of an appointed guardian whose main role is making decisions that are in the ward’s best interest. 

Does Florida guardianship of a minor child have any similarities to an adoption?

Not quite. It’s not a parent-child relationship and even if the natural parents of the child pass away, you still remain a guardian and the child stays a ward. There are additional practical implications as well. Guardianship doesn’t affect the inheritance rights of the ward from their biological parent’s side or your side.

Furthermore, as a guardian, your ability to decide on behalf of the child is limited by the terms of the guardianship, meaning that the rights that inherently come from parenthood don’t apply. 

Can Guardians Be Held Legally Accountable?

Absolutely. When talking about Florida guardianship of a minor child, guardians are legally responsible for fulfilling the terms of the appointed role. Failure to do so could result in legal action. 

The legal action could come from a family member or any other party involved in the care of the ward. 

Moreover, if you don’t complete your duties, you can be removed as a guardian. Grounds for removal of the guardian in Florida include some of the following actions (or inactions):

• Failure to perform the duties outlined in the guardianship agreement
  
• Substance abuse or illness, or otherwise any other event that stops the guardian from performing their duties
• Abuse of power
• Failure to respect a court order
• Embezzling, wasting, or managing the ward’s property
• Failure to file annual guardianship reports
• Failure to fulfill educational requirements
• Conflict of interest arising between the ward and the guardian
• Failure to deliver records or accounts of the ward’s property that was sold by the guardian

It’s worth noting that any qualified individual can demonstrate to the court that removing the guardian is in the ward’s best interests. However, while removing the guardian through legal means is possible, a ward can’t fire a guardian. 

If the ward wishes that someone else should care for them, all interested parties should address the situation in court according to Florida law. 

Can You Quit as a Guardian?

If you’ve been formally appointed the guardian of a child, you can’t quit the duty whenever you feel like it. You need to do your obligations at a high level to avoid legal consequences. So what are your options if you no longer want to serve as a guardian of a minor child?

You’ll have to take the legal route by starting the formal process in which you’ll appoint a successor guardian before you relinquish your duties as a guardian. 

At the same time, while you may have to prioritize the ward’s best interests, it doesn’t mean you can’t take care of your well-being. In other words, you don’t give up your entire life to fulfill the role of a guardian. 

Sure, this may be challenging sometimes, but you owe it to yourself to fulfill your needs and practice self-care so you can show up for your ward more consistently. 

You May Receive an Endowment

If you’ve been given Florida guardianship of a minor child by a friend or a family member in a will, they may provide you with a gift you can use to cover all the necessary costs of assuming your responsibilities.

Check the terms of the will, as well as any other estate planning documentation such as trust, and make sure you understand them clearly. In case you receive an endowment, you need to manage these assets separately from the assets of the ward. 

Your Authority Isn’t Absolute 

The scope of authority and responsibility provided by Florida guardianship of a minor child is extensive. Yet, it’s not without its limits. 

A ward retains its fundamental rights. They may seek legal representation, they have the right to education and necessary services. More importantly, they have the right to be free from abuse. 

In addition, parents often limit the guardian's power by appointing multiple guardians to their child. The first one can be a guardian of the property whose main responsibility is managing the assets and financial affairs of their ward. The second guardian is a guardian of the person and they’ll be responsible for making decisions on the home life, medical care, education, and the ward’s social activities.

You’re Allowed to Seek Legal Assistance

Florida guardianship of a minor child is a big deal, so it’s normal to have questions about the role from time to time. Since your decisions as a guardian have real-life and legal implications, you should seek legal assistance whenever in doubt. 

By taking legal advice, you’ll become more familiar with the guardian role a lot quicker. Thus, you’ll have more confidence in your decision and peace of mind you’re protecting both your ward and your interests. 

Doane & Doane Can Help You With Your Guardianship-related Affairs

Florida guardianship of minor child is a great responsibility and you should learn absolutely everything about the role to protect yourself from legal liability. 

Regardless of whether you’re looking to educate yourself, receive guidance, or legally leave the role of guardian, attorneys at Doane & Doane can help. We’ve been offering legal services for the last 20 years, and we’re deeply committed to helping guardians and wards with various issues to ultimately see to it that everyone in the relationship is as happy as can be. 

Receive advice regarding all guardianship affairs - call 561-656-0200 or fill out our contact form to schedule an appointment.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.