Florida Guardianship Forms: Which Forms You Need and Where to Get Them

Two Different Form Sets for Two Different Paths

Florida maintains separate form packages for Guardian Advocacy (Chapter 393) and standard guardianship (Chapter 744). Using the wrong set — or mixing forms from different circuits — is one of the most common reasons petitions get rejected or delayed.

Guardian Advocacy forms are typically labeled with letters (Form A, Form C, Form H, Form I, Form J). Standard guardianship forms follow the circuit's probate division numbering. The specific forms, naming conventions, and requirements vary by judicial circuit.

Guardian Advocacy Forms (Chapter 393)

If the individual has one of the seven qualifying developmental disabilities that manifested before age 18 and constitutes a substantial handicap expected to continue indefinitely (intellectual disability, autism, cerebral palsy, Down syndrome, spina bifida, Phelan-McDermid syndrome, or Prader-Willi syndrome), you file under Chapter 393 using these core forms:

Form A — Application for Appointment as Guardian Advocate. Your personal background information, relationship to the proposed ward, and declaration of willingness to serve.

Form C — Petition for Appointment of Guardian Advocate. The central document. It must identify the specific decision-making areas where the individual lacks capacity, list any existing advance directives (SDM agreements, DPOAs, Healthcare Surrogate designations), and explain why less restrictive alternatives are insufficient. Since the 2024 reforms (HB 73), this explanation is mandatory — courts must address SDM before ordering any rights transfer.

Form E — Oath of Guardian Advocate and Resident Agent Designation. Sworn statement accepting the duties and responsibilities of the role.

Form H — Order Appointing Guardian Advocate. Signed by the judge if the petition is approved. You do not fill this out — it is the court's document.

Form I — Letters of Guardian Advocacy. The operational document you carry to hospitals, schools, banks, and agencies. It specifies exactly which rights have been delegated to you. Third parties should accept these letters as proof of your authority.

Form J — Initial Guardian Advocacy Plan. Must be filed within 60 days of appointment. Details the ward's medical, residential, and social goals.

Standard Guardianship Forms (Chapter 744)

For individuals who do not qualify for Guardian Advocacy, the standard path requires:

• Petition to Determine Incapacity — filed alongside the appointment petition
• Petition for Appointment of Guardian — specifies the requested scope (limited or plenary)
• Examining Committee Report Forms — completed by the three-member committee the court appoints
• Order Determining Incapacity and Order Appointing Guardian — court documents
• Letters of Guardianship — operational authority document
• Initial Guardianship Plan and Initial Inventory (for property guardianships) — filed within 60 days

Where to Get the Forms

This is where families run into trouble. Florida does not maintain a single statewide form repository for guardianship. Each of the 20 judicial circuits may use its own versions of these forms with circuit-specific formatting, additional requirements, or local administrative orders.

Start with your circuit clerk's probate division. Every circuit clerk's office maintains a guardianship forms packet, usually available online through the clerk's website. Search for "[your county] circuit court guardianship forms" or contact the probate division directly.

Example variations:

• The 6th Circuit (Pinellas/Pasco) maintains a distinct set of mandatory local forms
• The 13th Circuit (Hillsborough) uses automated electronic case-tracking with circuit-specific filing requirements
• The 18th Circuit (Brevard/Seminole) has its own form packet with different numbering

Do not use forms from a different circuit. A Hillsborough County form packet filed in Orange County will likely be rejected or require amendment.

Common Filing Mistakes

Missing the SDM explanation. Post-2024, every Guardian Advocacy petition must address why Supported Decision-Making is insufficient. Petitions that skip this step can be delayed.

Filing for property authority without an attorney. Pro se filing is permitted for person-only Guardian Advocacy. The moment you request authority over property, assets, or financial management, you need a licensed attorney under Florida Probate Rule 5.030.

Wrong court division. Guardianship and Guardian Advocacy petitions go to the probate division, not family or civil. Filing in the wrong division delays your case from day one.

Incomplete medical documentation. Attach the IEP, transition assessments, psychological evaluations, APD Individual Support Plans, and physician letters documenting the diagnosis and functional limitations. Courts want to see the evidence supporting each delegated right.

Forgetting the background check. All guardian advocates must complete a Level II criminal background check with electronic fingerprinting on the circuit's timetable. Some circuits require this before the hearing; others allow a short window after appointment.

The Florida Guardianship & Alternatives Guide includes line-by-line form completion instructions and a 20-circuit filing map linking each of Florida's 67 counties to its circuit's official form resources.

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