Florida Guardianship Hearing and Letters of Authority

What Actually Happens at a Guardian Advocacy Hearing

The hearing is shorter than most families expect. Under Florida Probate Rule 5.649, guardian advocacy proceedings are heard in the probate division by the circuit court judge or, where local procedure refers the matter, a general magistrate — not a jury. The assigned judicial officer reviews the petition, the ward's court-appointed attorney's report, and the clinical evidence you filed with the petition.

The entire proceeding typically takes 15 to 30 minutes for uncontested cases. You will be sworn in, the court will confirm the qualifying developmental diagnosis under F.S. § 393.063, and the court will examine which specific rights should be delegated to you as guardian advocate.

The ward has a statutory right to attend. Their court-appointed attorney — assigned within three days of filing — must have already met with the ward face-to-face and filed a written report with the court. If the attorney's report supports the petition, the hearing moves quickly.

Preparing for the Hearing

Bring the originals of everything you filed: the petition (Form C), your Level 2 background check results, the ward's medical documentation, their current IEP or APD support plan, and your completed Application for Appointment (Form A). Some circuits require you to bring the proposed Order Appointing Guardian Advocate (Form H) and Letters of Guardian Advocacy (Form I) pre-filled and ready for the judge's signature.

The court may ask you several direct questions: What is your relationship to the ward? Have you completed the required 8-hour guardianship education course (if your circuit mandates it)? Can you describe the specific areas where the ward needs decision-making support?

Expect the court-appointed attorney to address the court as well. In an uncontested case, the attorney typically confirms that the ward does not object and that the petition accurately reflects the ward's needs. If the ward does object, the proceeding becomes adversarial — the attorney is ethically required to zealously advocate for the ward's stated wishes, which can extend the timeline by weeks.

The Difference Between Guardian Advocacy and Chapter 744 Hearings

Guardian advocacy hearings under Chapter 393 skip the examining committee entirely. That means no three-member evaluation panel, no 15-day waiting period for committee reports, and no separate incapacity adjudication. The court relies on the medical records and developmental documentation you attached to the petition.

Chapter 744 standard guardianship hearings are more formal. The examining committee — at least one physician or psychiatrist plus two other qualified professionals — must file independent written reports. The adjudicatory hearing happens 10 to 30 days after those reports land. The petitioner must be represented by a licensed attorney under Florida Probate Rule 5.030. If a majority of the committee finds the person is not incapacitated, the court must dismiss the petition.

What Letters of Authority Actually Do

Letters of Guardian Advocacy (Form I) are the operational document. They are your proof of legal authority — the paper you show to hospitals, banks, schools, and government agencies. The letters specify exactly which rights the court delegated to you and which rights the ward retained.

This distinction matters. If the court granted you authority over medical decisions but not property decisions, a bank cannot accept your letters as authorization to manage the ward's accounts. If you need financial authority and the ward's assets exceed $15,000, you will need a separate guardianship of the property filing under Chapter 744.

Keep certified copies of the letters. Hospitals and schools will want to see them. The clerk's office issues certified copies for a fee that varies by circuit.

Circuit-Specific Variations That Catch Families Off Guard

Florida's 20 judicial circuits handle hearings differently. In the 13th Circuit (Hillsborough County), the probate division uses an automated case-management system with electronic tracking. In the 19th Circuit (Indian River, St. Lucie), you coordinate directly with specific judicial assistants to schedule hearings.

Miami-Dade's 11th Circuit and Broward's 17th Circuit require filings through mandatory Smart Forms portals. If you filed on paper in these circuits, your petition may be rejected at intake.

Some circuits enforce strict requirements for the 8-hour guardianship education class before the hearing; others offer streamlined waivers. Confirm your local circuit's rules with the probate case manager before your hearing date.

After the Hearing: Required Filings and Deadlines

Once the court signs your appointment order, the clock starts. You must file an Initial Guardian Advocacy Plan within 60 days. This plan outlines the ward's medical condition, residential situation, and social goals.

After that, you file an Annual Guardian Advocacy Plan between 60 and 90 days before each anniversary of your appointment. The annual plan requires a Physician's Report signed by a doctor who examined the ward within 90 days of the reporting period.

Miss these deadlines and the court can issue a show-cause order. Repeated failures to file can result in removal as guardian advocate.

Planning Your Path Forward

The hearing itself is not the hard part — the preparation and the ongoing reporting obligations are where most families struggle. A comprehensive guardianship planning guide walks you through every form, deadline, and circuit-specific requirement so nothing falls through the cracks.

Get the complete Florida guardianship planning toolkit to prepare for your hearing with confidence and stay compliant with all post-appointment filing requirements.

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