A. EMERGENCY TEMPORARY GUARDIANS
Prior to the appointment of a guardian but after a petition for
determination of incapacity has been filed, the Court may appoint
and emergency temporary guardians (etg). The Court must
specifically find that there appears to be imminent danger that the
physical or mental health or safety of the person will be seriously
impaired or that the person's property is in danger of being wasted,
misappropriated, or lost unless immediate action is taken.
ETG hearings are conducted by the General Masters. The
petitioning attorney must file the appropriate paperwork with the
Clerk. The Clerk's office will then provide the attorney with the
name and telephone number of the court appointee attorney (caa)
assigned to the case. The petitioning attorney should immediately
contact the caa. Although the General Masters have certain days
and times set aside to conduct etg hearings, due to their inherent
emergent nature, the General Masters will hear etg's most anytime.
The Clerk's office will provide you with an earlier date and time upon request.
B. BACKGROUND INVESTIGATION
Guardians are required to submit to an initial as well as annual background investigations. Each application package, per
administrative order, must be submitted with a mandatory
checklist for guardianship applications.
The Mandatory Checklist accounts for the following items:
(1) Application for Investigation
(2) Application for Appointment (Disclosure Stat. for Nonprofit Corp.
Guardians; for both see Appendix I)
(3) $50.00 Investigatory Fee
(4) Fingerprint Card
(5) $47.00 Fingerprint Card Processing Fee
(6) Professional guardians must pay an additional $5.00 to the
Clerk for processing.
1. Prospective Guardians
Prospective guardians must submit the mandatory checklist for
guardianship applications along with an application for investigation,
application for appointment and the $50.00 investigatory fee directly
to the Clerk's office. Prospective guardians may submit their
fingerprint card and $47.00 fingerprint card fee directly to FDLE
although for expediting the appointment process, all guardians are
encouraged to submit the cards and fees directly to the Clerk's office.
The fees are the same regardless of where the card is submitted.
Guardian's submitting their fingerprint card and $47.00 fee directly
to the Clerk's office must send two separate checks, (1) $50.00
made payable to the Clerk of Courts and (2) $47.00 made payable
to FDLE.
2. Appointed Guardians
Appointed (nonprofessional) guardians must submit the mandatory
checklist for guardianship applications along with an application for
investigation, application for appointment and the $50.00
investigatory fee every year with the filing of their annual accounting.
If an extension of time has been granted for the filing of the annual
accounting only, the above referenced documents must be filed at
the time the annual plan is due.
* The only exceptions to the investigatory process are those
guardians that are exempt by court order or are the spouse or child
of the ward. These individuals must complete the mandatory
checklist indicating they are exempt.
3. Professional Guardians
Professional guardians and employees of professional guardians
who owe a fiduciary responsibility to any ward, must submit on or
before January 15th of every year an application for investigation,
application for appointment (disclosure statement for nonprofit
corporate guardians), $50.00 investigatory fee, fingerprint card,
and the $47.00 fingerprint card processing fee as well as the
$5.00 clerk's processing fee. Applications for appointment that fall
within the year of a completed investigation must still be
accompanied by a mandatory checklist as well as a copy of the
Court Monitor's result sheet indicating approval from the January
investigation.
Professional guardians may submit their fingerprint card and
$47.00 fingerprint card fee directly to FDLE although for expediting
the appointment process, all guardians are encouraged to submit
the cards and fees directly to the Clerk's office.
The fees are the same regardless of where the card is submitted.
Guardian's submitting their fingerprint card and $47.00 fee directly
to the Clerk's office must send two separate checks, (1) $50.00
made payable to the Clerk of Courts and (2) $47.00 made payable
to FDLE.
C. SETTLEMENTS
It is the policy of the probate division that all settlements arising out
of an action filed in civil court must be approved by the civil court
judge.
In addition, when a hearing on a petition for approval of a settlement of a minor's claim is requested by either the Court or an attorney, the following people are required to be given notice of the hearing and to be present at the hearing:
1.) the attorney who filed the petition for appointment of a
guardian of a minor;
2.) the attorney who represented the parties in the civil suit,
i.e. a personal injury attorney;
3.) the proposed guardian(s) of the minor;
4.) the custodial parent(s) of the minor, if different from the
proposed guardian(s), or other person(s) with legal
custody of the minor;
5.) the minor; and
6.) the guardian ad litem if appointed by the Court, and the
guardian ad litem's attendance is only required at the
hearing if the report of the guardian ad litem recommends
disapproval or modification of the settlement agreement.
This attendance requirement at hearings on petitions for
approval of a settlement of a minor's claim applies to all
cases.
D. GUARDIAN AD LITEMS
In accordance with Florida Statute 744.301, cases involving a
minor in which the gross settlement is an amount that is equal to or
exceeds $15,000, the Court, may appoint a guardian ad litem to
represent the minor's interests. In cases involving a minor in which
the gross settlement is equal to exceeds $25,000 the Court shall,
prior to approval of the settlement, appoint a guardian ad litem. In
cases requiring the appointment of a guardian ad litem be sure to
submit a Petition and Order for Appointment of Guardian Ad Litem.
Please do not place a name in the space provided for the
appointment, the Court will appoint an individual they deem best
suited to address the issue(s).
E. FEES
1. Attorneys and Guardians
Petitions for Guardians and Attorneys fees must be accompanied
by a detailed itemization of the task and the amount of time spent
on said task in addition to all other requirements of Florida Statute
744.108. All petitions for fees must include the total amount of prior
fees awarded. In addition, all fee petitions must contain the
following certification clause:
I hereby certify that any and all required filings, i.e. Annual Plan,
Inventory, Annual Accounting, Final Accounting, Annual
Application for Appointment, Annual Application for
Investigation, as well as all fees, including the investigatory fee,
examining committee and court appointed attorney fees, if
applicable, have been filed and paid and I have not received
notification that any filing(s) are non-compliant.
Per probate administrative order dated March 4, 1999 all
guardians are required to sign in and out of the visitor's log book
at every facility for every visit for which they will be seeking
compensation. Attorney's fee petitions must have consents from
the ward or guardian and if a Veteran's Administration
guardianship, from the Veteran's Administration.
2. Special Court Monitors
Special Court Monitors shall serve a copy of their fee petition on
the guardian and guardian's attorney. There will be a 30 day period in which a party may file an objection. If, after the 30 days has passed, no objection has been filed, the petition and order will be sent to the Judge for consideration. If an objection is timely filed, the file will be referred to the respective General Master for a hearing.
F. INITIAL INVENTORIES, INITIAL PLAN,
ANNUAL ACCOUNTINGS, ANNUAL PLANS,
SIMPLIFIED ACCOUNTINGS
Pursuant to administrative order inventories, plans, and accountings
must be filed on the appropriate Broward county form. These forms
are available free of charge off the Internet at www.17th.flcourts.org
and at www.browardbar.org. The forms may also be purchased at
the Broward county law library located in room 1800 of the
courthouse. The forms are available in hard copy (paper form) for
$20.00 or on a CD ROM for $10.00.
When filing an accounting, plan or inventory, please remember the
following:
Ÿ All audit fees are due at the time of filing.
Ÿ Statements from financial institutions verifying amounts for
inventories as well as for the period ending for accountings must
be attached to the report.
Ÿ Period ending dates on the annual accounting and annual pan
should be the end of the anniversary month of the Guardian's
appointment date.
Ÿ The inventory must be valued as of the Letters of Guardianship
date.
Ÿ All reports that are submitted for filing must contain the original
signatures of all guardians and attorneys.
Ÿ The physician's report for the annual plan must contain the date
of the exam as well as the date the physician signed the report.
(See Appendix J - Checklist for Use by Guardian Attorneys and
Guardians of Property which helps to ensure that the above
requirements are met.)
A copy of any Inventory filed by a fiduciary must also be sent to the
Department of Revenue at: Florida Department of Revenue
General Tax Administration Center
Tallahassee Central Service Center
PO Box 6417
Tallahassee, Florida 32314-6417
G. SHOW CAUSE PROCEDURES
1. Failure to File
Failure to file an inventory, plan, accounting, or any other pleading
or fee will result in the issuance of an Order to Show Cause. The
Show Cause hearing will be held before a General Master and
appearance is mandatory even if you should file prior to the hearing
date as you will be required to show good cause for the delay in
filing. Fees will not be granted for time attending a show cause
hearing unless exceptional circumstances are presented to the
General Master.
2. Non Compliant Filing
If the Guardianship Audit division of the Clerk's Office finds any
inventory, plan or accounting to be non compliant they will provide
the attorney and guardian with the information and request
compliance within approximately 15-30 days. If, after that time the
file is still non compliant, an Order to Show Cause will issue. The
Show Cause hearing will be held before a General Master and
appearance is mandatory even if you should file prior to the hearing
date as you will be required to show good cause for the delay in
filing. Fees will not be granted for time attending a show cause
hearing unless exceptional circumstances are presented to the
General Master.
H. CLOSING GUARDIANSHIPS
A Judge will not consider a Petition for Discharge if the file is non
compliant. Please be sure to have all requirements met, i.e. filing
fees, accountings, and plans, prior to the filing of a Petition for
Discharge.
