A guardianship is a legal proceeding in the circuit court in which a guardian exercises the legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals. Guardians make decisions and take actions regarding the well-being of the ward.

Printable Forms

Petition for Injunction Against Exploitation of a Vulnerable Adult Affidavit of Violation Against Exploitation of a Vulnerable Adult
Dissolve Injunction Against Exploitation of Vulnerable Adult Modify Injunction Against Exploitation of Vulnerable Adult

Some reasons a guardianship may be established are

  • Someone is declared incompetent or incapacitated
  • A minor who has inherited money or real property
  • A minor who is the recipient of a court settlement over $15,000
  • A minor who is living with someone other than a parent who will need to make decisions about schooling and health care

At the time of appointment, the court will determine the guardian’s powers to be limited or plenary to exercise some or all rights of the minor or incapacitated person.

Every guardian should become familiar with the powers and duties of a guardian reflected in Florida Statutes 744.361. A specific function of the guardian is to file initial and annual reports as outlined in Florida Statutes 744.362 and 744.367.

Guardianship Fraud

Reporting Guardianship Fraud

Do you suspect a guardian, family member, attorney or caregiver of financial mismanagement such as stealing money from a ward’s account, selling off a ward’s property or making suspicious loans or money transfers? Report it to the Guardianship Fraud Hotline.

Using the Guardianship Fraud Hotline, you can report suspected fraud, waste, abuse or financial mismanagement involving court-appointed guardians over elderly, minor children and incapacitated individuals.

Report Guardianship Fraud

Hope Card

The Hope Card Program provides individuals with a digital or wallet-sized card that serves as a crucial tool that presents important information about final injunctions for protection against:

  • Domestic Violence
  • Stalking
  • Repeat Violence
  • Sexual Violence
  • Dating Violence
  • Abuse or exploitation of an elderly person or disabled adult (Vulnerable Adult)

Having a Hope Card offers several significant benefits:

  • Immediate Verification
  • Enhanced Safety
  • Accessible Support

How to Obtain a Hope Card: If you have a final injunction for protection, obtaining a Hope Card is straightforward and free of charge. To receive a Hope Card, simply visit or contact your local Clerk’s Office in the county where your petition for protection was originally filed and request either a physical or electronic version. A Hope Card will then be issued by your Clerk of Court in three (3) business days.

To request a Hope Card from Seminole County Clerk of Court you may email probate@seminoleclerk.org or injunctions@seminoleclerk.org, call 407-665-4300 or visit 190 Eslinger Way, Sanford, FL 32773. Be sure to specify if you would like a digital or wallet sized card.

Hope Cards are valid for two years after the issuance date of a final order or the expiration date of the injunction, whichever comes first.
For more information on the Hope Card Program, click here.

FAQs

Who is a Vulnerable Adult?
A vulnerable adult is an adult with an impaired ability to perform normal activities of daily living or provide for their own care or protection. It is also an adult who has an impairment due to a disability (mental, emotional, sensory, long-term physical or developmental), brain damage, or infirmities of aging.

What constitutes Exploitation?
  • A vulnerable adult deprived of their funds or property
  • A vulnerable adult with diminished capacity deprived of their funds or property
  • A vulnerable adult who has had a breach of fiduciary.
  • A vulnerable adult who has had a bank account misused.
  • A vulnerable adult who has had not had their necessities provided.

Who may file a Petition?
  • A vulnerable adult in imminent danger of being exploited.
  • The guardian of a vulnerable adult who is in imminent danger of being exploited.
  • A person or organization acting with the consent of the vulnerable adult, or his or her guardian.
  • A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.
Jurisdiction

NOTE: If a guardianship is pending, the Petition must be filed in that case; otherwise, it must be filed in the circuit where the vulnerable adult resides.

Petitions may be filed Monday through Friday from 8:00am to 4:30pm

Location

Clerk of the Court Probate Department located at:

Juvenile Justice Center
Probate Services Are Also Located Here 

190 Eslinger Way
Sanford, FL 32773
Juvenile: (407) 665-5350
Probate: (407) 665-4369

Informational Links

Florida Courts Florida Bar
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