When a minor reaches age 18, a guardianship does not automatically terminate. Closing the guardianship requires taking a few specific steps under Florida law to make sure all obligations are met and the guardian is properly discharged.
Here is more on how to properly close a Miami guardianship after the ward reaches age 18. This process makes sure the administration is properly concluded and in full compliance with Florida’s requirements.
File a Petition for Discharge
To formally close the Miami guardianship, the guardian must file a Petition for Discharge of the Guardian in the court that originally appointed them. The petition should include:
- Statement that the ward has reached 18 years of age
- Statement that the Guardian has fully administered the Guardianship
- Statement that a Final accounting has been prepared and the proper parties notified
Once the courts confirm that the ward is an adult and the guardianship has been fully administered, the guardian can be discharged and the guardianship case closed .
Complete Final Accounting
The guardian must prepare a final accounting of the ward’s assets, including:
- Income received while under guardianship
- Expenses paid on behalf of the ward
- Distributions of funds to the ward
This final accounting must be submitted to the court for review. It is mandatory before the termination of guardianship over property.
Notification of All Interested Parties
After this, the guardian must notify all interested parties of the petition, including:
- The ward
- Any co-guardians or conservators
- Relatives or others named in the original guardianship order
Notices make sure that if there are any objections, they can be addressed before the court formally closes the case.
fulfilled, it will issue discharge papers. This order officially terminates the guardianship and releases the guardian.
Transfer of Assets to the Former Ward
Once the court approves the final accounting, the guardian must transfer all remaining assets directly to the now-adult ward. This may include:
- Bank account balances
- Investment accounts
- Personal property
- Real estate interests
Proper documentation of these transfers is critical. Courts often require proof that assets were fully delivered before issuing a final discharge order.
Close the Guardianship with Confidence
If you want to know how to properly close a Miami guardianship after the ward reaches age 18, Florida law provides guidance. But sometimes, you need the assistance of a trusted professional.
At Niebla Probate Firm, guardians are guided through each stage of the process with attention and support.. If you would like to learn more about how we can assist, reach out for a consultation.
