Filing an initial guardianship inventory and care plan are among the first responsibilities of a guardian.
The inventory gives the court an accounting of the ward’s assets and financial obligations, while the care plan explains how the guardian will address their medical, living, and day-to-day needs.
These filings show the court that the guardian understands their duties and has a structured plan in place. Completing them keeps the guardianship on track and avoids unnecessary issues. Here is how to file the initial guardianship inventory and care plan.
Step 1: Know What Must Be Filed
Under Florida law, guardianship administration is divided into guardians of the person and guardians of the property. A guardian can be both guardian of the person and property as well. As guardian, you will work closely with your attorney to file the appropriate initial plan and/or inventory as follows:
Initial Care Plan (Guardian of the Person)
Under Florida Statutes § 744.3215 and § 744.3125, this plan must show how the ward’s personal needs will be met, including:
- Medical care
- Mental health services
- Social and rehabilitative services
- Living arrangements
- Daily activities
Any plan must comply with the recommendations from the examining committee. It is due within 60 days of receipt of the Letters of Guardianship.
Initial Inventory (Guardian of the Property)
Pursuant to Florida Statute § 744.365 the initial inventory must state the ward’s known assets, which can incude:
- Real estate
- Bank accounts
- Investments
- Personal property
- Sources of income, such as Social Security, pensions, or rental income
This will serve as the baseline for future annual accountings. An inventory must also be filed within 60 days of appointment.
Step 2: Prepare the Initial Inventory
With the inventory, accuracy is important. All documentation related to the ward’s assets should be organized and detailed. This means:
- Describe each asset
- Include current values or fair market estimates of assets
- Note any debts secured by the asset
- Identify assets that are not part of the probate estate, such as life insurance or retirement accounts
Along with the inventory, supporting documentation is also needed. This may include bank statements, property appraisals, or investment statements. These documents help to verify each item listed.
Step 3: Prepare the Initial Care Plan
For the care plan, it needs to show the court how the ward’s needs will be addressed. A plan should include:
- Medical care with a list of primary physicians, ongoing treatments, medications, and any specialized care.
- Daily living plan that describes housing, nutrition, and personal care arrangements.
- Recreational and social needs should be outlined with activities that support mental and emotional well-being.
The care plan must demonstrate that the guardian has considered the ward’s best interests.
Step 4: File the Documents with the Court
Once a care plan or inventory is prepared, the attorney will electronically file them with the clerk of the court. While some jurisdictions may have other requirements, guardians usually have to:
- Submit completed and signed plans
- Provide copies to the ward, co-guardians, and family members named in the guardianship order
- Make sure the documents comply with local court formatting and filing rules
These plans or inventories have a deadline, usually within 60 days. If an extension is required, a guardian can request it from the court if they have a valid reason.
Step 5: Maintain Records
Once the filing is completed, a guardian must keep all copies of the inventory, care plan, and any supporting documentation.
These records will be needed for the annual report that is required under Florida law. This documentation may also help address questions or disputes about asset management or care decisions.
Guidance for Florida Guardians from Niebla Probate Firm
Filing the initial guardianship inventory and care plan is the foundation of a guardianship in Florida. At Niebla Probate Firm, guardians receive step-by-step assistance to make sure the initial inventory and care plan are completed accurately and in full compliance with Florida law.
Contact Niebla Probate Firm to schedule a consultation to learn more about your guardianship responsibilities.
