Guardian Advocate

89 Pages·2017·3.2 MB·English

Presented by:
Catherine E. Davey, JD, LLM
Law Office of Catherine E. Davey, P.A.
Table of Contents

Guardian Advocate Checklist ……………………………………………………………………………………………………1-7
What do I need to know about each county? ...............................................................................8-11
Instructions for Orange County……………………………………………………………………………………………..12
(Background Check and Guardian Class)
Instructions for Brevard/Seminole Counties ……………………………………………………………………13-14
Instructions for Lake County ……………………………………………………………………………………………15-30

Legal Resources ……………………………………………………………………………………………………………………..31-32
Guardian Advocacy Initial Pleadings and Documents (prior to hearing):
Petition for Appointment of (Co-) Guardian Advocates ……………………………………………..33-36
Notice of confidential information within court filing ……………………………………………………..37
(in re: Petition)
Oath of Guardian Advocate/ Designation Resident Agent …………………………………………..….38
Guardian Education and Background Check ………………………………………………………………..….39
Application for appointment of Guardian Advocate …………………………………………………..40-43
Application for determination of civil indigent status …………………………………………………44-45
Report of attending physician …………………………………………………………………………………………46
Notice of confidential information-medical diagnosis ……………………………………………………..47
Notice of filing credit report ……………………………………………………………………………………………48
Notice of confidential information-credit report …………………………………………………………….49
Formal Notice …………………………………………………………………………………………………………………50
Order Appointing Attorney and Elisor ………………………………………………………………………..51-52
(submitted to court with initial packet and signed by judge)
Proof of Service Formal Notice ……………………………………………………………………………………….53
Notice of Hearing ………………………………………………………………………………………………………54-55
Consent and Waiver ……………………………………………………………………………………………………….56
(from next of kin)

Entered by Judge at Hearing:
Order Appointing Guardian Advocate (and Co Guardian Advocate) ………………………….57-58
Letters of Appointment of Guardian Advocate and Co Guardian Advocate ……………….59-60

After Hearing Must Submit:
Initial Plan …………………………………………………………………………………………………………………61-63
Proof of Service of Initial Guardianship Plan of Guardian Advocate ……………………………….64
Order Approving Initial Guardianship Plan of Guardian Advocate ………………………………….65
Annually, Guardian Advocate Must File:
Annual Plan ………………………………………………………………………………………………………………66-68
Physician’s Report ………………………………………………………………………………………………………….69
Order Approving Annual Guardianship Plan of Guardian Advocate ………………………………..70

Other forms:
Petition for Appointment of STANDBY Guardian Advocate ……………………………………….71-72
Statutes:
Florida Statute Section 393 on Guardian Advocacy Proceedings ………………………………73-78
Florida Statute Section 744.3085 …………………………………………………………………………………..79
Florida Statute Section 744.441 and 744.444 ……………………………………………………………80-83
(guardian acts with and without court approval)

Notes
Guardian Advocacy Checklist

So you want to be the Guardian Advocate for your child:
Step One:
Complete and file the following documents:
 Petition for Appointment of Guardian Advocate (or Co-)
 Petition for Emergency Temporary Guardian (if applicable)
 Application for Appointment as (Co-)Guardian Advocate
o Oath of Guardian Advocate
 Application for Appointment as Co-Guardian Advocate
o Oath of Co-Guardian Advocate
 Application for Appointment as Standby Guardian Advocate (if
desired)
o Oath of Standby Guardian Advocate
 Education and Background Check Requirements: Guardian
 Education and Background Check Requirements: Co-Guardian
 Education and Background Check Requirements: Attorney (if
represented)
 Civil Affidavit/Application For Indigent Status And Deferral Of
Payment For Due Process Services
 Notice of Filing Doctor’s Report
 Notice of Filing Confidential Information (birth dates/medical
diagnosis)
 Formal Notice
 Petition to Appoint Attorney Elisor (to represent Protected Person)

BE SURE TO KEEP COPIES FOR YOURSELF OF ALL OF THE
DOCUMENTS THAT YOU FILE WITH THE COURT.

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Step Two:
Once you have filed your pleadings with the clerk, then send a copy
of the following documents by certified mail to all next of kin.
Who am I sending this to?
Who is next of kin: Parents, siblings, etc.
What am I sending to them?
o Family consent and waiver letter (tell them what you are
doing and why this is important)
o Petition for Appointment of Guardian Advocate (or Co-)
o Consent and Waiver: this is where they say it is okay for you
to be the Protected Person’s Guardian Advocate
How am I sending this to them?
By certified mail, return receipt requested (see copies of forms)
If next of kin is agreeable, they sign the Consent and Waiver and
give it to you. You then file it with the court.
Step Three:
AFTER INITIAL PLEADINGS FILED, FOR EACH GUARDIAN
1. CRIMINAL BACKGROUND DONE
a. FINGERPRINTS DONE
b. CHECK ATTACHED LIST FOR ORI CODES SO THAT
CRIMINAL BACKGROUND CHECK GOES TO PROPER
COUNTY
2. CREDIT CHECK DONE
a. Free Credit Report annually through
i. Transamerica
ii. Equifax
iii. Experian
b. Notice of Filing Credit Report and also file with that a Notice of
Confidentiality

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3. Once you receive the signed Consents from the next of kin, file those
Consents with the court. If you do not receive Consents, then you must
WAIT FOR END OF NOTICE PERIOD (20 DAYS FROM DATE
CERTIFIED MAIL RECEIVED BY NEXT OF KIN) to set the matter
for hearing.
Step Four:
CALL CLERK OF COURT TO CONFIRM:
1. FILE OPENED BY CLERK
2. OBTAIN CASE NUMBER ASSIGNED TO FILE BY CLERK
3. CONFIRM THAT FILE IS COMPLETE AND READY TO BE SET
FOR HEARING
4. FIND OUT WHICH JUDGE ASSIGNED TO CASE, THEIR PHONE
NUMBER AND THE NAME OF THE JUDGE’S ASSISTANT.
FILE PROPOSED ORDER APPOINTING CO-GUARDIAN ADVOCATES
/LETTERS OF CO-GUARDIAN ADVOCATES TO CLERK AND TO
ATTORNEY ELISOR FOR PROTECTED PERSON AT LEAST ONE WEEK
PRIOR TO HEARING.
OBTAIN APPROVAL FROM ATTORNEY ELISOR FOR PROPOSED
ORDERS/LETTERS AND ASK IF THE ATTORNEY ELISOR IS WAIVING
THE APPEARANCE OF YOUR CHILD
IF THE ATTORNEY ELISOR SAYS YES, THE ATTORNEY IS
TELLING YOU THAT YOUR CHILD DOES NOT HAVE TO COME WITH
YOU TO THE HEARING;
IF THE ATTORNEY ELISOR SAYS NO, THEN YOUR CHILD MUST
COME WITH YOU TO THE HEARING.
CALL JUDICIAL ASSISTANT (JA) TO JUDGE ASSIGNED TO CASE AND
OBTAIN A DATE FOR THE HEARING.
(Note: In Volusia and Flagler Counties, a proposed
guardian does not call the JA to get a hearing date. The blank (except for case style) Notice of Hearing
Form and Order Appointing Attorney and Elisor should be filed with the clerk at the same time as the
petition, application, oath, etc. Then, the clerk sends the blank Notice of Hearing and Order Appointing
Attorney to the JA and she completes them and mails these out.)

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IDEALLY, YOU WILL CONTACT THE ATTORNEY ELISOR TO
CONFIRM WITH THE ATTORNEY ELISOR THE DATE PROVIDED BY THE
JUDGE IS CONVENIENT FOR THE ATTORNEY ELISOR AS WELL.
PREPARE A NOTICE OF HEARING (SEE ATTACHED) AND FILE IT WITH
THE CLERK OF COURT.
5 DAYS PRIOR TO THE HEARING, CALL THE CLERK OF COURT TO
CONFIRM THAT THE FILE IS READY FOR THE HEARING AND THE
PROPOSED ORDERS AND LETTERS ARE IN THE FILE.
Is background clear?
Is credit check in?

Step Five:
GOING TO THE HEARING:
1. CONFIRM THE DATE AND TIME OF THE HEARING AS WELL AS
THE LOCATION OF THE COURTHOUSE WHERE YOU MUST GO.
(SOME COUNTIES HAVE MORE THAN ONE COURTHOUSE, SO
BE SURE YOU ARE GOING TO THE RIGHT COURTHOUSE)
2. PLAN TO WEAR CLOTHES THAT ARE BUSINESS CASUAL
(COLLARED SHIRT/SLACKS) OR NICER TO THE HEARING.
3. BE SURE TO BRING YOUR FILE WITH THE COPIES OF ALL OF
THE PLEADINGS THAT YOU HAVE FILED WITH YOU AS WELL
AS COPIES OF THE PROPOSED ORDERS AND LETTERS.
4. PLAN TO ARRIVE AT THE COURTHOUSE 30 MINS. PRIOR TO
THE HEARING SO THAT YOU HAVE PLENTY TIME TO GET
THROUGH SECURITY AND TO THE WAITING AREA OUTSIDE
THE JUDGE’S COURTROOM.
a. YOU MAY HAVE TO CHECK IN WITH SOMEONE AT THE
JUDGE’S CHAMBERS AND/OR HEARING ROOM.
5. THE ATTORNEY ELISOR WILL MEET YOU OUTSIDE THE
COURTROOM AND SPEAK WITH YOU BRIEFLY ABOUT THE
CASE/YOUR CHILD.

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HOLY COW, THERE IS THE JUDGE, WHAT DO I DO
NOW?
1. YOU WILL WAIT OUTSIDE THE HEARING ROOM/COURTROOM
UNTIL THE BAILIFF/SHERIFF’S DEPUTY ANNOUNCES YOUR
CASE.
2. YOU WILL GO INTO THE COURTROOM/HEARING ROOM AND THE
JUDGE/BAILIFF WILL DIRECT YOU WHERE TO BE SEATED (THIS
VARIES GREATLY FROM JUDGE TO JUDGE AND COUNTY TO
COUNTY)
3. THE JUDGE WILL ASK THE COURT CLERK TO ANNOUNCE THE
CASE AND THEN WILL ASK YOU HOW YOU WANT TO PROCEED.
4. YOU WILL THEN BRIEFLY EXPLAIN THAT YOU WISH TO BE
APPOINTED AS THE GUARDIAN ADVOCATE FOR YOUR CHILD.
5. THE JUDGE WILL ASK YOU SOME QUESTIONS ABOUT THE
DOCUMENTS THAT YOU FILED AND/OR YOUR CHILD.
6. THE JUDGE WILL THEN ASK THE ATTORNEY ELISOR SOME
QUESTIONS
7. IF THE JUDGE IS GOING TO GRANT YOUR REQUEST, THEN
a. THE JUDGE MAY ASK YOU FOR THE PROPOSED
ORDERS/LETTERS AND YOU SHOULD HAND THOSE TO THE
BAILIFF/DEPUTY UNLESS THE JUDGE DIRECTS YOU TO
APPROACH HIM/HER PERSONALLY.
b. IF THERE IS INFORMATION MISSING OR THE JUDGE NEEDS
SOMETHING FURTHER FROM YOU, HE/SHE WILL EXPLAIN
THAT TO YOU.

WHEW, I SURVIVED THE HEARING, THE JUDGE HAS
ENTERED THE ORDERS/LETTERS, NOW WHAT?

1. THANK THE JUDGE AND EXIT THE COURTROOM
2. GO TO THE CLERK OF COURT (PROBATE) OFFICE FOR
CERTIFIED COPIES OF THE ORDERS/LETTERS (YOU MAY

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HAVE TO ASK THE JUDGE, CLERK AND/OR BAILIFF, WHERE
THE CLERK’S OFFICE IS LOCATED).
3. YOU WILL HAVE TO HAVE CASH TO PAY THE CLERK FOR THE
CERTIFIED COPIES.

CONGRATULATIONS, YOU ARE NOW THE
GUARDIAN ADVOCATE OF YOUR CHILD.

Post Appointment…there is more!
What do I do next?
1. Initial Plan (if only person): must be filed within 60 days
from the date of your appointment as Guardian Advocate.
A blank initial plan, and order approving the initial plan are
in your packet.
2. If you are concerned about your child’s credit and/or
someone trying to take advantage of them, consider
freezing their credit once they turn eighteen (18) through
the credit reporting agencies.

And more…
Every year, you must file an “Annual Guardian Advocacy Report
Annual Plan of Guardian Advocate of Person,” an updated “Physician’s
Report,” and an Order approving the plan. Blank forms are in your
packet. This must be filed with the clerk of court not more than 90
days, but not less than 60 days, before the last day of the anniversary
month of your appointment.

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Lastly…
Can you efile? The information we have to date is yes, go to
https://edca.2dca.org/, where you have to register an account, and then
wait for approval.

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