Palm Beach guardianships are serious business. Guardians, and co-guardians, need to prepare accountings and reports which are reviewed by the Palm Beach County Clerk’s office. If you are guardian, or a co-guardian, with someone else in Palm Beach County, Florida, you need to read this April 9th, 2014 guardianship appeals opinion. This probate opinion will tell you what can happen when you spend money on the person who is incapacitated and how a Palm Beach probate court can order you to return money to the Palm Beach guardianship. Yes, you can be ordered to return thousands of dollars.
Palm Beach Guardianships — the Basics
- Governed by the Florida Probate Code — see Chapter 744 http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744ContentsIndex.html&StatuteYear=2013&Title=%2D%3E2013%2D%3EChapter%20744
- See also the Florida Probate RULES which are different than the Florida Probate CODE and Chapter 744 which are Florida Guardianship Statutes or Laws
- The Probate Court Judge is there to protect the interests of the Ward (the person in Palm Beach who is incapacitated, incompetent or just needs assistance)
- The Probate Court judge shall protect the money of the Ward, too
Roles of a Palm Beach Guardian
- Guardians must account…..full detailed annual accountings!
- You need to report to the court and file written reports
- You need to have an annual plan
- You need to tell the Probate Court every dime of the Ward’s $$ that was spent, and what it was spent on
- The way you spend money will be scrutinized !
Power of the Palm Beach Guardianship Court
- A court can ORDER you, a Guardian in Palm Beach, to do things or to stop doing things
- If you spent $$ in appropriately, or spent too much, you have to put it back !
Here is the link if you would like to read the entire Palm Beach appeals court guardianship legal opinion: http://4dca.org/opinions/April%202014/04-09-14/4D13-1691.op.pdf