Guardianship

Guardianship is the process to protect and exercise the legal rights of individuals whose functional limitations prevent them from being able to make their own decisions. Guardianship is court 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. There may be other reasons that a guardianship case is established.

A function of the Guardianship division of the Clerk’s Office is to audit and monitor the guardianship files in Wakulla County. While we do our very best to assist the public please be advised that we are not permitted to give out legal advice or guidance in completing the various guardianship reports that are required.

As some guardianship cases 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 per Florida Statutes.

Some cases may require the use of a registered professional guardian and information on professional guardians can be found at Florida's Department of Elder Affairs Office of Public & Professional Guardians (OPPG) - DOEA.

Guardianship Fraud
If you are aware of fraud being perpetrated against a ward, we urge you to contact our Fraud Hotline at 850-926-0356 or the Florida Department of Elder Affairs.

Frequently Asked Questions
Are guardianships established for the elderly only?
No. Guardianship cases 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.
How do I know if an individual 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 legal 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. You can find a list of attorneys at https://www.floridabar.org/ by clicking on “Find a Lawyer”.
Who is qualified to be a guardian?
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. If you have any questions please contact our office at 850-926-0301.
What are the primary types of guardianship cases?
There are two primary types of Guardianship cases – Guardianship of Person and Guardianship of Property. It is possible the Guardianship case may involve both.