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A Guardianship is defined as a trust relationship in which one person, known as the “Guardian” acts for and on behalf of another , called the “Ward” whom the law regards as incapable of managing his or her own affairs.

In the State of Florida, guardianship matters are governed and controlled exclusively by statute. The Florida Guardianship Law constitutes the general law by which all matters pertaining to (i) the Ward personally, (ii) the court approved Guardian, as well as (iii) any property belonging to the Ward, are governed. The Florida Rules of Probate and Guardianship dictate the legal procedures to be followed in the various court proceedings relating to such guardianship matters.

Depending upon the specific situation at hand, a Guardian may have limited responsibilities or be given by the court full, direct and ongoing control over the person and/or the property of Ward, subject to further court supervision. In the latter case, the Guardian would be directly responsible for administering to the Ward's day to day affairs, which might include where the Ward should live, whether the Ward should marry or divorce, buy a car, travel or even be able to vote.

By way of oversight, an appointed Guardian is customarily required to secure prior court approval for specific matters relating to the Ward’s activities, whether personal or financial, and is likewise annually required to file with the court, a written accounting setting forth the various endeavors previously undertaken by him or her on behalf of those under their care.


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