What is the process for transferring guardianship?
In Florida, the process for transferring guardianship is a detailed one that is subject to court review and approval. The process begins with the prospective guardian filing a petition for guardianship in the probate court of the county where the potential ward, or the person for whom guardianship is sought, resides. The petition must include detailed information about the ward, such as their name, age, residence, and condition. Additionally, the prospective guardian must include an inventory and appraisal of assets owned by the ward and must name the parties who have an interest in the wards estate. The court will then appoint an attorney for the ward to ensure the ward’s rights are protected throughout the process. Once the petition is filed, the court will set a hearing to review the petition and consider testimony from witnesses. After reviewing the evidence, the court will decide if it is in the best interest of the ward to transfer guardianship. If the court determines it is in the best interest of the ward to transfer guardianship, the prospective guardian must be bonded and complete the necessary paperwork. The court will then issue an order of guardianship, which is when the transfer is legally complete. It is important to note that at all stages of the process the court must determine that the transfer of guardianship is in the best interests of the ward. If the court does not determine guardianship is in the best interest of the ward, the petition will be denied.
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