Florida Guardian Advocate Duties and Annual Plan Requirements

The Filing Calendar Starts Immediately

Getting appointed as guardian advocate is just the beginning. Florida courts require ongoing documentation proving that you're fulfilling your duties and that the arrangement still serves the ward's needs. Miss a deadline and the court sends warning letters. Miss enough of them and you risk removal.

The first filing is due within 60 days of your appointment: the Initial Guardian Advocacy Plan. This plan must detail the ward's current medical conditions, residential arrangement, social activities, and the goals you'll work toward during the first year. Think of it as a care roadmap that the court will measure you against.

The Annual Guardian Advocacy Plan

Every year after the initial plan, you file an Annual Guardian Advocacy Plan. The deadline is 60-90 days before the anniversary month of your appointment. If you were appointed in March, your annual plan is due between December and January.

The annual plan must include:

• Current living situation: Where the ward resides, the type of arrangement (family home, group home, supported living), and any changes from the previous year
• Medical and health status: Current diagnoses, medications, hospitalizations, and significant medical events
• Social and recreational activities: How the ward participates in community life
• Goals and progress: What you set out to accomplish in the previous year and how things actually went
• A Physician's Report: Signed by a doctor who examined the ward within 90 days of the reporting period

That physician's report is the piece that trips families up most often. You need to schedule the doctor's visit so the examination falls within 90 days of the reporting period and the report is ready in time for your filing window.

Guardian of Property Obligations

If the court also appointed you guardian of property under Chapter 744, the reporting obligations multiply. Within 60 days you file an Initial Inventory listing every asset the ward owns. Then annually, you file a detailed accounting of all income, expenditures, and capital changes.

The county clerk audits these financial reports and charges fees based on estate value: $20 for estates up to $25,000, $85 for estates up to $100,000, $170 for estates up to $500,000, and $250 for estates exceeding that.

Guardian advocacy of the person only — the more common scenario for families of adults with developmental disabilities whose primary income is SSI — doesn't itself grant property authority. If the court determines that your adult child's only income is Social Security benefits and you are the Representative Payee, an annual accounting may not be required; confirm what the court order and local clerk require.

Day-to-Day Duties

Beyond the court paperwork, a guardian advocate's daily responsibilities include:

• Making decisions within your delegated authority: The Letters of Guardian Advocacy specify exactly which rights were delegated to you. Typically these cover healthcare, education, and residence. All rights not listed in the letters remain with the ward.
• Consulting the ward: Florida law requires you to consider the ward's preferences and involve them in decisions to the greatest extent possible. Guardian advocacy is supposed to support — not replace — the individual's voice.
• Coordinating with service providers: If the ward receives APD iBudget waiver services, you sign the Individual Support Plan annually. You manage relationships with healthcare providers, therapists, day programs, and residential providers.
• Maintaining records: Keep copies of every document you sign, every medical appointment, every service plan meeting. If the court or the ward's attorney ever questions your decisions, your records are your defense.

When the Court Checks In

Courts don't just wait for you to file paperwork. The probate division monitors guardian advocacy cases and can initiate reviews. Circumstances that trigger closer scrutiny include:

• Late or missing filings
• Complaints from the ward, family members, or service providers
• The ward's court-appointed attorney filing a motion for review
• Changes in the ward's condition or living situation that weren't reported

If the court determines that guardian advocacy is no longer necessary — because the ward has developed greater independence, or because a Supported Decision-Making agreement could now meet their needs — it can order a Suggestion of Restoration of Rights proceeding under F.S. § 393.12(12).

Setting Yourself Up for Smooth Filings

The most practical thing you can do is build a calendar. Set reminders for:

• The physician's appointment (3 months before your anniversary)
• The filing window opening (90 days before anniversary)
• The filing deadline (60 days before anniversary)

The Florida Adult Guardianship & Alternatives Guide includes an Annual Reporting Calendar template and the complete filing checklist for both the initial and annual plans — designed so you spend your time on care, not on figuring out what the court needs next.

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