Guardianship Information / Forms
- Overview - Probate Guardianship
and Mental Health Division
- Administrative Orders and Legal Resources
- Fee Petitions
- Frequently Asked Questions and
- Approved Initial and Annual Forms
- Professional Guardian
The following applies to Pinellas County:
Background Investigations of Proposed Guardians
Pursuant to Florida Statute 744.3135(1) and Administrative Order 2006-79 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.
Statewide Public Guardianship Office Registration:
Per Section 744.1085(9), Florida Statutes, “after July 1, 2004, the Court shall not appoint any professional guardian who has not met the requirements of this section and s. 744.1083.” Thus, a professional guardian cannot be appointed as guardian if not registered with the Statewide Public Guardian Office 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 Statewide Public Guardian Office 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.
There is an updated memo regarding guardian fee petitions and activity logs effective May 15, 2007. See attached memo.
The attached document lists notice and service requirements in Guardianships by subject matter with references to the Florida Statute and Rules and is an aid for attorneys and guardians to determine whether notice or service should be given to a party or interested person.
- Guardian Fee Memo
- Guardian Fee Pointers
- Petition for Guardian's Fees (fill in)
- Guardian Fee Changes Memo
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.
Please read the following before downloading the approved forms. In addition to the operating instructions within the program, below are some instructions specific to Pasco and Pinellas County.The General Worksheet requests the information for the Uniform Case Number that Pasco and Pinellas County are not using as this time. However, please include the following information on the form.
|Court Designator||51 Pasco||52 Pinellas|
|Court Type||CP Pasco||GA Pinellas|
|Sequential Number||Case number||Case number|
As the Guardianship program includes calculations and drop down menus, we encourage all guardians to complete the forms on the computer.
the approved Guardianship Accounting and Plan Smart Forms
(from the 17th Judicial Circuit page)
Computers and printers are available for those without access to a computer or the internet at the following locations:
Old Historic Courthouse
324 South Ft. Harrison Avenue
Clearwater, FL 33756
Phone (727) 464-3411
Fax (727) 464-4571
West Pasco Judicial Center
7530 Little Road, Suite 108
New Port Richey, FL 34654
Pasco County Law Library
East Pasco Judicial Center
38053 Live Oak Avenue
Dade City, FL 33523
pdf format and word
As required by Administrative Order 2005-065 PA-CIR, in Pasco County electronic filing of documents shall be made via this link.
Professional Guardians: Professional Guardians must register with the Statewide Public Guardianship Office each calendar year by January 1. Please visit their website at http://elderaffairs.state.fl.us/english/public.html for forms and further information or call 850-414-2000. For professional guardian requirements visit their frequently asked questions.
- Probate and Guardianship Administrative Orders
- Administrative Order No. 2005-009
- Efiling Letter Judge W. Lowell Bray, Jr.
Credit Report Information:
Floridians are able to receive one free copy of their credit report per year through Annual Credit Report