The Oversight of Guardianships in Florida
Portia B. Scott, J.D., L.L.M. • September 1, 2021

With the recent news about Britney Spears and the sensational 2020 film, I Car a Lot, Guardianships (referred to in some jurisdictions as “Conservatorship”) have come into the public awareness and are often viewed with outrage.

 

Certainly, there are always issues which merit close examination and Guardians and Guardianships are, and should be, subject to especial scrutiny. After all, a Guardian is not appointed unless some disability has been found which strips from the Person Under the Guardianship (the “PUG”) some of their natural authority regarding self-determination.

 

Children who are PUGs usually are so because they have come into more money than Ez* parents may hold in their automatic status as “natural Guardians.” A parent is a Natural Guardian of Ez child’s person and property up to the amount of $15,000.00. Above $15, 000.00 a Guardian must be appointed. A child may inherit such assets or receive the funds from a settlement of a lawsuit or through some other manner.

 

An adult may lose Ez rights due to physical or mental or emotional inability as determined by a Court. The standard for removing a person’s rights through the Court is “clear and convincing” evidence. Under that standard the Court must find, without hesitation, that the person is incapacitated in some way.

 

Once the powers of Guardianship are invoked, the Court becomes the “Super Guardian” in that the Judge is watching over the shoulder of the appointed Guardian. There are reports which must be filed regarding the PUG’s progress toward full rehabilitation - always the aim of Guardianships. There are accountings with supporting documentation which are audited by the Clerk of Court’s own auditor. The PUG maintains Ez ability to request the Judge reinstate Ez rights, wholly or partially.

 

The safeguards are in place specifically to protect the PUG from the very type of abuses which create Hollywood Headlines and Fodder for Films. Florida does care about its PUGs.

 

* this article uses the gender neutral third person pronoun of “E”, possessive pronoun of “Ez”

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By Portia B. Scott, J.D., L.L.M. June 4, 2025
I have, from time to time, an opportunity to review family law agreements when dealing with a probate estate proceeding or a Trust administration. These family law agreements can take the form of a Divorce Decree, Final Judgment of Dissolution of Marriage, a Post-Nuptial Agreement, an Ante-Nuptial agreement (often called a "Pre-Nup"), mediation agreements and temporary orders which might include temporary alimony payments plus of course, the common charging liens filed by attorneys involved. I also get to review Qualified Domestic Relations Orders ("QDRO's") from time to time. Many of these documents are drafted without the help of an attorney. Sometimes, they will have been drafted by a paralegal or another lay-person, sometimes by the parties themselves. When I make inquiry of the parties about the documents, I often find the people who drafted them believe that, if there were a Judge involved in the underlying matter, the Judge would "fix" the document if it were wrong. So, if a Pre-Nup calls for extra alimony in the case of one party's infidelity, and, if that is not something the law books would allow, they believe that the Judge would tell them so and strike it from the agreement. Similarly, if someone's settlement agreement provides for one party to pay the other alimony even in the event of the remarriage of the party receiving alimony, the paying spouse believes that the Judge will tell them that Florida law does not require such payments to continue. The judge might similarly strike a provision for "permanent alimony" if the legislature had prohibited judges from ordering permanent alimony. Even if a QDRO was ordered to divide up one party's 401(k), some people believe the Judge will create the QDRO. None of this is true. If you come before the Court with an agreement, you can actually change the law as it applies to your own case. So, if permanent alimony has been ended by the legislature, but you agree to it in your settlement agreement, the Judge is not going to advise you that you are going against what authority the Court would have if you had not settled and had gone to trial. The Judge may ask you if you really agree to these terms and, if so, enter the Order requiring more than the Judge could ever have ordered at a contested trial. The best you can hope for from a Judge is when the judge sees the document - if the Judge reads it- is for the Judge to tell you to consult an attorney. If a Judge ever does tell you something like, "you really should talk to an attorney," this is a big red flag and you should take the Judge's advice. The Judge cannot, may not give you any advice other than to recommend you speak with an attorney. The long and short of it is there are reasons why it can often end up being less expensive to consult an attorney than to do some work for yourself.
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