Florida Guardianship by Kathleen Bryan: Secondary Sources

Additional materials available at Ave Maria's Library include:

• Florida Guardianship Practice -- AMSL Library
  • A concise and complete guide to guardianship law, from pre-guardianship planning through termination. In addition to exploring guardianship alternatives, it analyzes all facets of practice under F.S. Chapter 744.
• Florida Guardianship Law and Procedure -- AMSL Library
  • This text discusses the applicable Florida statutes, Probate Court Rules, and local requirements that govern most of the proceedings and situations guardians and their counsel may encounter.

Legal Encyclopedias

Florida Jurisprudence 2d Guardian and Ward -- AMSL Library; Westlaw; LexisNexis

• I. In General – Provides definitions for basic terminology; distinguishes guardian-ward relationships from principal-agent and executor of an estate; describes the relationship between guardian-ward as a trust relationship; and discusses governing laws and rules of procedures.
• II. Guardianship of Minors – Discusses the types of minor guardianship and the process for appointment of a guardian over a minor.
• III. Guardianship of Incapacitated Persons – Discusses the types of guardianship of incapacitated persons and the alternatives to guardianship.
• IV. Judicial Appointment of Guardian – Discusses the selection of the guardian and the court process for appointment.
• V. Tenure of Office; Removal – Discusses the resignation of a guardian and appointment of a successor guardian, including the petition for discharge; discusses the effect of the ward's change of domicile; and discusses the procedure for removal of a guardian.
• VI. General Powers and Duties of Guardians – Discusses the general powers and duties of guardians including guardianship reports; custody, control and care of the ward's person; and custody and management of the estate.
• VII. Actions – Discusses actions by the guardian; actions on behalf of, or against, the ward; and actions between the guardian and ward.
• VIII. Guardian's Accounts; Compensation – Discusses guardian's duty to account annually to the court and guardian's right to compensation from the ward's accounts.
• IX. Liability of Guardian and Sureties – Discusses the liability of the guardian, including the ability of the court to set a bond.
• X. State Boundaries and Guardianship – Discusses the ability of a foreign guardian to be appointed and discusses a resident guardian of property of a nonresident ward.

Treatises

Florida Estates Practice Guide (2020)

Ch. 26 Guardians

Florida Elder Law -- Florida Practice Series (2019-2020)

Ch. 30 Guardianship

Law Reviews and Bar Journals