Guardianships are established for persons for various reasons; such as an adult who lacks the ability to care for him/herself in some aspect, a minor who has received an inheritance, or a minor who has received a settlement for a personal injury claim. These certainly are not the only reasons that guardianships are established, but the majority of guardianships in Marion County have arisen for needs such as these.
A function of the Guardianship division of the Marion County Clerk's Office is to audit and monitor the guardianship files active in Marion County. We will do our very best to assist the public in any way that we can. However, please be advised that our capacity does not permit us to give out legal advice or guidance in completing the various guardianship reports that are required.
As some guardianships require the filing of a Verified Inventory of Guardian of the Property or an Annual Accounting of the Guardian of the Property, our office charges an audit fee for these reports. Please see the "Fees and Services Charges" page for a breakdown of the audit fees. Also on this website is a link to the Guardianship Training Manual that our office distributes at the Guardianship Education Class taught at Central Florida Community College. This is provided to you for information purposes only.
Are guardianships established for the elderly only?
Guardianships can be established for adults of all ages and are also established for minors in several situations. For example, if a minor has received a settlement greater than $15,000, a guardian of his or her property must be appointed. There are also instances where family members, such as grandparents, are appointed as guardians when the parents of the minor are unwilling or unable to care for the minor child.
What steps can I take if I know an individual that is incapable of caring for themselves and needs a guardian?
The first step is to contact an attorney. The Clerk's office may not give legal advice or guidance in completing the various guardianship forms and reports that are required. If you are able and qualified to serve as guardian, you may petition to be appointed guardian, through an attorney. If you do not wish to be appointed guardian, it is possible that a professional guardian may be appointed.
Any resident of this state who is not under any legal disability or the power of another and is 18 years of age or older is qualified to act as guardian of a ward. Further qualifications can be found in Section 744.309 of the Florida Statutes.
Injunctions for Protection Against the Exploitation of Vulnerable Adults
As of July 1, 2018, certain individuals can petition the court for entry of an order protecting vulnerable adults from being exploited. For more information on who qualifies as a vulnerable adult, what constitutes exploitation, who may file such petitions, and how to file them, please see the flyer below (in either English or Spanish).