Guardianship Information

A guardianship is a legal proceeding in the Circuit Courts of Florida in which a guardian exercises the legal rights of an incapacitated person or a minor child. A guardian is an individual or institution, such as a bank trust department, appointed by the court to care for an incapacitated person or a minor child. All guardianship matters in the State of Florida require an attorney (Rule 5.030).

Guardianships for an adult person are filed when it is believed that a person is not mentally capable of taking care of himself/herself. Mental Health appoints a committee to evaluate the person and make their report to the court. Guardians can be appointed as guardian of the person only, property only, or person and property. If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the court will have the ward examined and can restore some or all of the person's rights.

Guardianships for minors are filed when the minor child has inherited money or has property in excess of $15,000.00. A guardian of the property is all that is needed if the minor child's parents are living. If the minor child's parents are deceased or unable to be appointed guardians, he/she may need a guardian of the person and property.

Lee County Guardianship Information
Charlotte County Guardianship Information

Guardianship Hotline

The Charlotte County Court Guardianship Monitoring Program has a hotline number that acts as a clearinghouse for complaints, requests, and inquiries regarding particular Guardianship cases, where anyone can report their concerns. The caller may remain anonymous.

Any allegation of abuse, neglect and/or exploitation of elderly or the misappropriation of the ward’s assets must be reported directly to the Department of Children and Families at (800) 96ABUSE, and/or the Charlotte County Sheriff's office (941) 639-2101 (call 911 for emergencies), prior to contacting the Guardianship Hotline

*** IF IT IS AN EMERGENCY, CALLERS WILL BE INSTRUCTED TO HANG UP AND CALL 911 FIRST ***
Guardianship Hotline
(941) 769-1275

IMPORTANT: When a notice of hearing is filed a copy of the notice of hearing must be immediately send to the Court's Judicial Assistant at patriciat@ca.cjis20.org If this procedure is not followed in every case the hearing will not be placed on the Court’s docket.
Charlotte Guardianship/Incapacity Documents, Procedures, Checklists and Best Practices
BEST PRACTICES
Best Practices - Incapacity-Guardianship Download
PROCEDURES
Instructions for Submission of Proposed Orders Electronically-Generally Download
Instructions For Filing Incapacity - Guardianship Cases Download
FORMS
Acknowledgment of Responsibilities - Guardian Download
Order Authorizing Temporary Waiver of Filing Fees Download
Order Appointing Attorney and Elisor for Alleged Incapacitated Person Download
Notice of Hearing on Petition to Determine Incapacity and for the Appointment of Guardian Download
Order Appointing Examining Committee Template Download
CHECKLISTS
Guardian of Veteran Download
Guardian Voluntary Download
Guardianship Accounting (Simplified) Download
Guardianship Accounting Download
Guardianship Annual Plan Download
Guardianship Disburse Assets to SNT Download
Guardianship Disburse Funds by Guardian Download
Guardianship Incapacitated Person Download
Guardianship Inventory Download
Guardianship Motion to Withdraw Download
Guardianship Petition for Appointment of Foreign Guardian Download
Guardianship Petition for Approval of Settlement of Claim Download
Guardianship Petition for Attorney Fees Download
Guardianship Petition for Designation of Depository Download
Guardianship Petition for Determination of Incapacity Download
Guardianship Petition for Discharge Download
Guardianship Petition for Guardian Fees Download
Guardianship Petition for Sale of Personal Property Download
Guardianship Petition for Successor Guardian Download
Guardianship Petition to Refinance Mortgage Download
Guardianship Petition to Remove Guardian Download
Guardianship Petition to Sell Real Property Download
Guardianship Purchase of Real Property Download
Guardianship Resignation and Discharge Download
Guardianship Waive Education Download
Initial Guardianship Plan Checklist Download
BEST PRACTICES
Best Practices - Emergency Temporary Guardianship Download
PROCEDURES
Instructions for Submission of Proposed Orders Electronically-Generally Download
Instructions For Filing Emergency Temporary Guardianship Cases Download
Instructions for Submission of Proposed Orders Download
CHECKLISTS
Guardianship Petition for ETG Download
Guardianship Motion to Withdraw Download
Guardianship Petition for Attorney Fees Download
Guardianship Petition for Guardian Fees Download
Guardianship Petition to Remove Guardian Download
Guardianship Resignation and Discharge Download
BEST PRACTICES
Best Practices - Minors Download
PROCEDURES
Instructions for Submission of Proposed Orders Electronically-Generally Download
Instructions For Filing Guardianship Of Minor Cases Download
Instructions for Submission of Proposed Orders Download
FORMS
Acknowledgment of Counsel of Proposed Guardian of Minor's Property Download
Acknowledgment of Proposed Guardian of Minor's Property Download
Order Appointing Attorney and Elisor for Minor in Need of Guardian Download
CHECKLISTS
Guardianship Assets of Minor into Structured Annuity Download
Guardianship Disbursement Minor Download
Guardianship of Minor Download
Guardianship Petition to Approve Settlement of Minor's Claim Download
Guardianship Settlement of Minor Claim Guardian Appointed Download
Guardianship Petition for Approval of Settlement of Claim Download
Guardianship Petition for Designation of Depository Download
Guardianship Petition for Discharge Download
Guardianship Petition for Successor Guardian Download
Guardianship Waive Education Download
Guardianship Accounting (Simplified) Download
Guardianship Accounting Download
Guardianship Annual Plan Download
Guardianship Inventory Download
Guardianship Motion to Withdraw Download
Guardianship Petition for Attorney Fees Download
Guardianship Petition for Guardian Fees Download
Guardianship Petition for Sale of Personal Property Download
Guardianship Petition to Remove Guardian Download
Guardianship Petition to Sell Real Property Download
Guardianship Purchase of Real Property Download
Guardianship Resignation and Discharge Download
Initial Guardianship Plan Checklist Download
BEST PRACTICES
Best Practices - Guardian Advocate Download
PROCEDURES
Instructions for Submission of Proposed Orders Electronically-Generally Download
Instructions For Filing Guardian Advocate Cases Download
Instructions for Submission of Proposed Orders Download
FORMS
Application for Appointment as Guardian Advocate Download
Designation of E-Mail Address Download
Acknowledgement of Responsibilities of Guardian Advocate Download
Guardianship Annual Plan of Guardian Advocate of Person Download
Guardianship Annual Guardianship Plan of Guardian Advocate of Person (Minor Ward) Download
Initial Guardianship Plan of Guardian Advocate of Person (Adult Ward) Download
Letters of Guardian Advocacy of the Person Download
Notice of Hearing on Petition for Appt of Guardian Advocate Download
Notice of Hearing on Petition for Appt of Co-Guardian Advocate Download
Oath of Guardian Advocate, Designation of Resident Agent and Acceptance Download
Order Appointing Attorney for Developmentally Disabled Person in Guardian Advocacy Cases Download
Order Appointing Guardian Advocate of the Person Download
Order For Involuntary Inpatient Placement Download
Order Appointing Attorney for Person with Developmental Disability Download
Order Approving Annual Guardianship Plan of Guardian Advocate of Person Download
Order Approving Initial Plan of Guardian Advocate of the Person Download
Order Waiving Annual Accounting Download
Order Waiving Credit and Criminal Investigation Download
Physician's Report - Adult Download
Physician's Report - Minor Download
CHECKLISTS
Guardian Advocate Download
Guardianship Petition for Successor Guardian Advocate Download
Guardianship Accounting (Simplified) Download
Guardianship Waive Education Download
Guardianship Accounting Download
Guardianship Annual Plan Download
Guardianship Inventory Download
Guardianship Motion to Withdraw Download
Guardianship Petition for Attorney Fees Download
Guardianship Petition for Guardian Fees Download
Guardianship Petition for Sale of Personal Property Download
Guardianship Petition to Remove Guardian Download
Guardianship Resignation and Discharge Download
Initial Guardianship Plan Checklist Download
DOWNLOADS
CONTACT INFORMATION

Patricia Twardzik,
Judicial Assistant

350 East Marion Avenue
Punta Gorda, Florida 33950
Phone: (941) 637-2100
PatriciaT@ca.cjis20.org