(1) Each guardian of the property must file an annual accounting with the court.
(2) The annual accounting must include:
(a) A full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control and a statement of the ward’s property on hand at the end of the accounting period. This paragraph does not apply to any property or any trust of which the ward is a beneficiary but which is not under the control or administration of the guardian.
(b) A copy of the annual or year-end statement of all of the ward’s cash accounts from each of the institutions where the cash is deposited.
(3) The guardian must obtain a receipt, canceled check, or other proof of payment for all expenditures and disbursements made on behalf of the ward. The guardian must preserve all evidence of payment, along with other substantiating papers, for a period of 3 years after his or her discharge. The receipts, proofs of payment, and substantiating papers need not be filed with the court but shall be made available for inspection and review at the time and place and before the persons as the court may order.
(4) The guardian shall pay from the ward’s estate to the clerk of the circuit court a fee based upon the following graduated fee schedule, upon the filing of the annual financial return, for the auditing of the return:
(a) For estates with a value of $25,000 or less the clerk of the court may charge a fee of up to $20, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund.
(b) For estates with a value of more than $25,000 up to and including $100,000 the clerk of the court may charge a fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.
(c) For estates with a value of more than $100,000 up to and including $500,000 the clerk of the court may charge a fee of up to $170, from which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund.
(d) For estates with a value in excess of $500,000 the clerk of the court may charge a fee of up to $250, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund.
Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for a waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver.
(5) This section does not apply if the court determines that the ward receives income only from social security benefits and the guardian is the ward’s representative payee for the benefits.
History.—s. 52, ch. 89-96; ss. 35, 72, ch. 90-271; s. 1088, ch. 97-102; s. 116, ch. 2003-402; s. 13, ch. 2004-260; s. 78, ch. 2004-265; s. 139, ch. 2005-2; s. 17, ch. 2006-178; s. 41, ch. 2008-111; s. 27, ch. 2019-58.
Structure Florida Statutes
Title XLIII - Domestic Relations
Part VI - Powers and Duties (Ss. 744.361-744.462)
744.361 - Powers and duties of guardian.
744.362 - Initial guardianship report.
744.363 - Initial guardianship plan.
744.367 - Duty to file annual guardianship report.
744.3675 - Annual guardianship plan.
744.3679 - Simplified accounting procedures in certain cases.
744.368 - Responsibilities of the clerk of the circuit court.
744.3685 - Order requiring guardianship report; contempt.
744.369 - Judicial review of guardianship reports.
744.371 - Relief to be granted.
744.3715 - Petition for interim judicial review.
744.372 - Judicial review of guardianships.
744.3725 - Procedure for extraordinary authority.
744.373 - Production of property.
744.3735 - Annual appearance of the guardian.
744.374 - Payments to guardian.
744.384 - Subsequently discovered or acquired property.
744.387 - Settlement of claims.
744.391 - Actions by and against guardian or ward.
744.394 - Suspension of statutes of limitations in favor of guardian.
744.397 - Application of income of property of ward.
744.421 - Petition for support of ward’s dependents.
744.441 - Powers of guardian upon court approval.
744.442 - Delegation of authority.
744.444 - Power of guardian without court approval.
744.446 - Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.
744.447 - Petition for authorization to act.
744.454 - Guardian forbidden to borrow or purchase; exceptions.
744.457 - Conveyance of various property rights by guardians of the property.
744.461 - Purchasers and lenders protected.
744.462 - Determination regarding alternatives to guardianship.