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Who May Serve as Guardian?

by | Mar 14, 2013 | Estate Planning, Probate |

The Florida Bar states, “Any adult resident, related or unrelated, of Florida can serve as a guardian. Certain relatives of the ward who do not live in Florida may also serve as guardian. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed. Individuals who are professional or public guardians can also serve as guardian. Additionally, institutions such as a bank trust department or nonprofit corporation can be appointed guardian, but a bank trust department may only act as guardian of the property. The court gives consideration to the wishes expressed by the incapacitated person in a written declaration of preneed guardian or at the hearing. The court may not appoint a guardian in some circumstances in which a conflict of interest may occur. “