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1. Who can be a guardian?

A person 18 years of age or older who has an interest in the protection of the personal or property rights of the ward -may qualify to serve as a court-appointed guardian. A completed Application for Appointment of Guardian form must be submitted by the proposed guardian at the time a guardianship case is opened. The court will review the application to ensure the guardian will best serve the needs of the ward.

2. What are the responsibilities of a guardian?

• A guardian is appointed by the court to act in the best interest of the ward. The guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.
• A guardian of the property manages the property of the ward. A newly appointed guardian is required to file an initial inventory of the ward’s assets within 60 days of his appointment.
• Subsequently, an annual accounting of the assets will be required.
• A guardian of the person is required to file an initial plan for the care of the ward within 60 days of his appointment. Subsequently, an annual plan is required to provide information to the court about the health and physical well being of the ward.

3. How do I become a guardian?

The most important step is to first contact an attorney that handles guardianship cases. The Clerk cannot give legal advice or advise you.

Resources

Some resources for guardians are available:

• Florida’s 10th Judicial Circuit
• Office of Public and Professional Guardians
• Polk Elder Care

4. Is a guardian subject to a background check prior to appointment?

• Both professional and non-professional guardians must be fingerprinted for a background check before being appointed as a guardian.
• The Polk County Sheriff’s Office obtains fingerprints by appointment only. Please call to make an appointment at 863-298-6200 or toll-free 1-800-226-0344.
• The Polk County Sheriff’s Office will submit electronic fingerprint records to the Florida Department of Law Enforcement to obtain a criminal record check.
• The guardian is responsible for payment of all fees.
• The results will be returned to the Clerk’s office where the information is held in a secure area and not subject to public record disclosure.
• The guardian should allow two weeks after fingerprinting for the results to be filed.
• View fees to be paid.

5. What are the filing and audit fees associated with guardianship cases?

• View the filing and audit fees.
• Audit fees are set by Florida Statute and based on the value of the ward’s assets.

6. How do I report suspected fraud, waste, or abuse in guardianships?

The law assigns the responsibility for auditing the guardianship reports to the Clerk of the Circuit Court. The court then reviews the Clerk’s audit report. If you suspect fraud, waste, or abuse of elderly, minor children and incapacitated individuals in a guardianship, please call our fraud hotline at 863-534-7776. You can report incidents such as:

• Forced removal of a ward from his/her home
• Isolation of the ward from friends and family
• Missing money or property
• Suspicious loans, funds transfers, or changes in bank accounts or lines of credit
• Suspicious purchase or sale of real estate or personal property

Please call the Department of Inspector General during business hours to speak to a professional auditor or report fraud online.