Being appointed a guardian in Florida comes with responsibilities. And the court’s involvement does not end once a guardian is appointed. Guardians must also provide the court with regular updates on the ward’s well-being and finances.
So, do guardians have to file annual reports in Florida?
Yes, Florida Statute § 744.367 requires guardians to file an annual guardianship report with the court. However, what the report contains and when it must be filed depends on whether the guardian is responsible for the ward’s person, property, or both.
What Is an Annual Guardianship Report?
Under Florida Statute § 744.367, an annual guardianship report is required for guardianships involving an incapacitated person. The report gives the court a picture of the ward’s circumstances and the guardian’s actions on the ward’s behalf.
In Florida, there are two types of guardians:
- Guardian of the person: They must file an annual guardianship plan.
- Guardian of the property: They have to file an annual accounting report.
A person serving as both guardian of the person and guardian of the property has both reporting responsibilities.
Guardian of the Person Filings
A guardian of the person must file an annual guardianship plan with the court. The plan updates information about the ward’s condition, current needs, and how those needs are expected to be addressed during the coming year.
Depending on the situation, the plan can address any issues with:
- The ward’s residence
- Medical care
- Mental health treatment
- Rehabilitation needs
- Other parts of the ward’s care
The timing of the filing depends on the reporting schedule established for the guardianship. Unless the court requires calendar-year reporting, the guardian must file the annual guardianship plan within 90 days after the last day of the anniversary month in which the letters of guardianship were signed. If the court requires calendar-year reporting, the guardian must file the plan by April 1 of each year.
Guardian of the Property Reports
A guardian of the property has a different responsibility. They have to provide annual accounting. This provides the court with a detailed financial record of the ward’s property under the guardian’s control. Under Florida Statute § 744.3678, the accounting must include a full and correct account of the ward’s receipts and disbursements.
Along with that, there needs to be a statement of the property remaining at the end of the accounting period. It must also include the applicable annual or year-end statements for the ward’s cash accounts.
The guardian must also keep receipts, canceled checks, or other proof of payment for expenditures and disbursements made on the ward’s behalf. Those records must be preserved for three years after the guardian’s discharge and made available for inspection if the court orders it.
In most cases, the annual accounting is due on or before April 1 and covers the preceding calendar year. Sometimes, the court may authorize or require a fiscal-year reporting period instead.
What Happens If a Guardian Does Not File the Annual Report?
In some cases, the court can impose sanctions when a guardian fails to file the required annual guardianship report. Those sanctions can include contempt, removal of the guardian, or other sanctions authorized by law.
The court can also order a guardian who has failed to file a report to submit it within a specified period or provide a reason why they are not required to do so. Since guardians are fiduciaries, these reporting requirements are an important part of carrying out the responsibilities of the position.
Florida Guardians Have Court Responsibilities
If you’re wondering, “Do guardians have to file annual reports in Florida?” or you’re unsure which report applies to your guardianship, help is on the way.
At Niebla Probate Firm, we can help you understand your reporting obligations, prepare the appropriate filings, and stay on top of important court deadlines.
Contact Niebla Probate Firm today to schedule a consultation and get some assistance with your Florida guardianship responsibilities.
