Background Investigations of Proposed Guardians
Pursuant to Florida Statute 744.3135(1) and Administrative Order 2019-005 PA/PI CIR, all petitions for appointment of guardian(s), including petitions for appointment of successor guardian will be forwarded by the Clerk’s office to the Probate, Guardianship and Mental Health division of the Court for a criminal and credit (if appropriate) background investigation PRIOR to the appointment of the guardian. If the investigation results reveal discrepancies, a letter stating the discrepancies will be sent to the section judge, the attorney and the proposed guardian(s). The section judge will determine if further action, such as a hearing, is necessary.
Office of Public and Professional Guardians
Per Section 744.2002, Florida Statutes "A professional guardian must register with the Office of Public and Professional Guardians. Thus, a professional guardian cannot be appointed as guardian if not registered with the Office of Public and Professional Guardians and a professional guardian may be required to show proof of current registration at the time of appointment or provide written proof of compliance at the time of the hearing.
If the Office of Public and Professional Guardians removes or declines to register a professional guardian because of the professional guardian’s failure to timely file a renewal package or a complete package or due to other discrepancies the Court will allow the professional guardian to demonstrate their filing of the renewal package within thirty (30) days after the due date. If the renewal package is not filed after the thirty (30) day grace period, the Court may deny petitions for appointment and reduce the hourly rate of the professional guardian. The professional guardian is encouraged to keep the Court apprised of his/her registration status.
Trusts:
As has been the Court’s procedure for the past several years, any petition for authorization to create a trust with guardianship funds should include a copy of the trust agreement and should allege that the trustee is willing to submit to the jurisdiction of the court. In most cases, the Court prefers the trustee to be a different person or entity than the guardian. However, petitions will be determined on a case by case basis.
The trustee is obligated to act according to the terms of the trust agreement and the order authorizing the trust. As has been the Court’s policy, a trustee may be asked to submit to the Court’s jurisdiction and the guardian may be asked to submit a copy of the trust accounting for the Court’s review.
Initial and Annual Forms:
Forms include calculations and drop down menus. Download forms to a computer for editing. Forms created using Microsoft Office software, but other brands of document and spreadsheet software will function and allow data entry.
Computers and printers are available for those without access to a computer or the internet at this location:
Pinellas County Law Library
Old Historic Courthouse
324 South Ft. Harrison Avenue
Clearwater, FL 33756
Phone (727) 464-3411
Fax (727) 464-4571
Directions