Guardian Responsibilities in Miami, Florida

Serving as a guardian in Florida is not simply a title — it is a court-supervised fiduciary role with significant legal obligations. Florida Statutes Chapter 744 imposes detailed responsibilities on guardians of the person and guardians of the property, backed by court oversight and penalties for noncompliance. Whether you have been appointed guardian of an elderly parent, a minor child, or an adult with a developmental disability, understanding your duties is essential to fulfilling your role and avoiding personal liability.

Guardian of the Person: Duties Under F.S. § 744.361

A guardian of the person is responsible for the physical and personal well-being of the ward. Under F.S. § 744.361, the duties of a guardian of the person include:

Residence and Living Arrangements

The guardian must determine where the ward will live. Florida law requires that the ward be maintained in the least restrictive environment appropriate to their condition. This means keeping the ward in their own home or a community-based setting whenever possible, rather than placing them in a more restrictive facility. Before moving the ward to a nursing home, assisted living facility, or other residential setting, the guardian should consider whether less restrictive options exist.

Under F.S. § 744.361(4), a guardian must obtain court approval before placing the ward in a residential facility that is more restrictive than the ward's current arrangement. The guardian must also notify the court of any change in the ward's residence.

Medical and Health Care Decisions

The guardian of the person has the authority to consent to or refuse medical treatment on behalf of the ward. This includes routine medical care, dental care, mental health treatment, and rehabilitative services. However, certain medical decisions require prior court approval, including:

Consent to an extraordinary procedure (such as experimental treatment)
Withholding or withdrawing life-prolonging procedures, unless the ward previously executed a living will or the court has specifically authorized the guardian to make such decisions
Consent to sterilization or abortion
Commitment to a mental health facility under the Baker Act (F.S. Chapter 394)

The guardian must act in accordance with the ward's known wishes and values whenever possible, and must always act in the ward's best interests.

Social Environment and Personal Care

The guardian is responsible for ensuring that the ward receives adequate food, clothing, shelter, and personal care. The guardian should also promote the ward's social well-being by facilitating contact with family and friends, unless such contact would be harmful to the ward. The guardian should not isolate the ward from the people and activities that are important to them.

Annual Guardianship Plan

Under F.S. § 744.3675, the guardian of the person must file an annual guardianship plan with the court. The plan must address:

The ward's current physical and mental condition
The ward's residence, including any changes in living arrangements
Medical, mental health, and rehabilitative services being provided
The ward's social condition, including the frequency and nature of contacts with family and friends
The plan for the ward's care in the coming year
An assessment of whether the current level of guardianship remains appropriate or whether modification is warranted

The annual plan is reviewed by the court to ensure the guardian is fulfilling their duties and that the ward's needs are being met.

Guardian of the Property: Duties Under F.S. § 744.362

A guardian of the property is a fiduciary entrusted with managing the ward's financial affairs. The standard of care is that of a prudent person dealing with the property of another. Under F.S. § 744.362, the duties include:

Inventory of Assets

Within 60 days of appointment, the guardian of the property must file a verified inventory of all the ward's assets with the court. The inventory must include real property, bank accounts, investment accounts, personal property of significant value, and any other assets belonging to the ward. The inventory establishes the baseline against which the guardian's management will be measured.

Prudent Management of Assets

The guardian must manage the ward's assets prudently, with the goal of preserving and protecting the estate while generating income to support the ward's needs. This includes:

Depositing funds in insured accounts or investing them in accordance with the Florida Prudent Investor Act
Maintaining adequate insurance on the ward's property
Collecting debts owed to the ward
Paying the ward's bills, taxes, and other obligations from the ward's funds
Avoiding speculative or high-risk investments unless specifically authorized by the court

Court Approval for Major Transactions

A guardian of the property must obtain court approval before taking certain significant actions, including:

Selling, mortgaging, or encumbering the ward's real property
Making gifts from the ward's estate (the guardian generally has no authority to make gifts without court approval)
Borrowing money on behalf of the ward
Settling legal claims
Engaging in business transactions on behalf of the ward
Investing in anything other than the categories permitted by statute

Annual Accounting

Under F.S. § 744.3678, the guardian of the property must file an annual accounting with the court. The accounting must detail all receipts, disbursements, and distributions made during the reporting period. It must also list all assets on hand, the value of those assets, and any changes from the previous accounting. The annual accounting is reviewed by the court and, in many circuits, by a court-appointed auditor to ensure that the guardian has properly managed the ward's finances.

Failure to file annual accountings is one of the most common reasons guardians face sanctions or removal.

Bond Requirement

A guardian of the property is generally required to post a bond with the court. The bond amount is set by the judge and is typically based on the value of the ward's liquid assets plus one year's anticipated income. The bond protects the ward's estate in the event the guardian mismanages or misappropriates funds. The guardian must pay the bond premiums, which are charged against the ward's estate.

Guardianship Education Requirement

Under F.S. § 744.3145, every newly appointed guardian must complete an eight-hour guardianship education course within four months of appointment. The course covers the guardian's legal duties, filing requirements, rights of the ward, and the ethical obligations of a fiduciary. Professional guardians must complete additional training hours and meet continuing education requirements.

Court Oversight and Reporting Deadlines

Florida's guardianship system includes multiple layers of court oversight to protect wards from abuse, neglect, and exploitation:

Initial guardianship plan: due within 60 days of appointment for a guardian of the person
Initial inventory: due within 60 days of appointment for a guardian of the property
Annual guardianship plan: filed each year by the guardian of the person
Annual accounting: filed each year by the guardian of the property
Verified annual statement: the guardian must verify under oath that they have complied with their duties
Notice of change of address: the guardian must notify the court of any change in the ward's or the guardian's address

The clerk of the circuit court monitors compliance with filing deadlines under F.S. § 744.368 and may issue deficiency notices or recommend sanctions for noncompliance.

Compensation of Guardians

Under F.S. § 744.108, a guardian is entitled to reasonable compensation for their services, paid from the ward's estate. The court must approve all fees before they are paid. Factors the court considers include the complexity of the guardianship, the time and effort expended, the guardian's experience and qualifications, and the size of the ward's estate. Professional guardians typically charge hourly rates, while family guardians may or may not seek compensation.

The guardian's attorney is also entitled to reasonable compensation under F.S. § 744.108, subject to court approval.

Consequences of Failing to Meet Guardian Responsibilities

A guardian who fails to fulfill their duties faces serious consequences, including:

Removal from the guardianship under F.S. § 744.474
Surcharge — the guardian may be personally liable for losses caused by their mismanagement or breach of fiduciary duty
Contempt of court for failing to comply with court orders or filing requirements
Criminal prosecution for theft, fraud, exploitation, abuse, or neglect of a vulnerable adult

Any interested person may petition the court to remove a guardian who is failing in their duties or acting contrary to the ward's interests.

Contact a Florida Guardianship Attorney

Whether you are a newly appointed guardian seeking to understand your obligations, or a family member concerned about a guardian's performance, the attorneys at the Law Offices of Albert Goodwin can help. We advise guardians on compliance with Florida Statutes Chapter 744 and represent interested parties in guardianship disputes. Call us at 786-522-1411 or email us at [email protected] to schedule a consultation at our Coral Gables office.