Guardianship of a Minor in Florida
Fla. Stat. § 744.301 · § 744.3021 · § 744.387
A parent's authority to handle a child's money is capped by statute at $15,000 in the aggregate. Above that figure — an inheritance, a personal injury settlement, life insurance proceeds — the circuit court must appoint a guardian of the property, with a restricted depository, annual accountings, and a discharge when the child turns 18.
What it is
Florida recognizes two separate offices for a minor: guardian of the person, who makes the day-to-day decisions about where the child lives and how the child is cared for, and guardian of the property, who holds and accounts for the child's assets. Most minor guardianships opened in the Orange County Probate Division are property-only proceedings. The parents are alive, present, and raising the child; what they cannot lawfully do is take possession of the child's money.
That limit comes from Fla. Stat. § 744.301. Subsection (1) makes the mother and father the natural guardians of their own children. Subsection (2) gives natural guardians authority to settle a claim accruing to a minor child and to "collect, receive, manage, and dispose of" the proceeds of that settlement, property distributed from an estate or trust, and the proceeds of a life insurance policy, annuity contract, or benefit plan — but only "without appointment, authority, or bond if the amounts received in the aggregate do not exceed $15,000." The operative word is aggregate. It is not $15,000 per payment, per year, or per source.
Once the child's property crosses that line, two statutes take over. Fla. Stat. § 744.3021 authorizes the court to appoint a guardian of the person or property of a minor on the petition of a parent, brother, sister, next of kin, or other person interested in the welfare of the minor, and provides that the guardian so appointed has the authority of a plenary guardian. Fla. Stat. § 744.387(3)(b) is blunter: where the amount of a settlement or judgment for a minor exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian of the property before the settlement is effective.
What a minor guardianship is not is an incapacity proceeding. A minor is under a legal disability by reason of age alone, so there is no examining committee, no adjudication of incapacity, and no enumeration of rights removed. The court's inquiry is the fitness of the proposed guardian and the security of the asset. That is what separates this proceeding from an adult guardianship under Chapter 744 and from guardian advocacy under § 393.12, which exists precisely because a developmental disability does not end at 18 the way minority does.
Guardianship of the person of a minor is a smaller category but a real one: it is required when both parents have died, are themselves incapacitated, or have had their parental rights terminated, and it is sometimes the only way a caregiver can obtain documented authority that a school, a hospital, the Social Security Administration, or a passport agency will actually honor.
When a Minor Guardianship Is Required — and Who May Petition
A guardianship of the property of a minor is triggered by the asset, not by the family's preference. The common triggers:
- The minor receives property exceeding $15,000 in the aggregate — an inheritance, a settlement, life insurance or annuity proceeds, or retirement plan benefits payable to the child (Fla. Stat. § 744.301(2)).
- A personal injury, wrongful death, or property damage claim is settled for the minor and the proceeds exceed $15,000 — the court must require a guardian of the property before approving it (Fla. Stat. § 744.387(3)(b)).
- The gross settlement of the minor's claim equals or exceeds $50,000 — the court shall appoint a guardian ad litem to represent the minor's interest before approving it. Above $15,000, the court may appoint one in its discretion. No appointment is required if a guardian of the minor has already been appointed and has no potential adverse interest to the minor (Fla. Stat. § 744.3025).
- A parent has a claim of their own in the same accident or the same estate. That is the textbook potential adverse interest — the parent is allocating a shared pot between themself and the child — and it is the fact pattern in which a guardian ad litem is least likely to be waived.
- Both parents have died, are incapacitated, or have had their parental rights terminated, and the child needs a guardian of the person with authority a third party will accept.
- Who may petition: a parent, brother, sister, next of kin, or other person interested in the welfare of the minor (Fla. Stat. § 744.3021(1)). A grandparent, an aunt, or a stepparent is not disqualified by the relationship.
- Parents may name in advance who should serve, by written declaration of a preneed guardian for a minor under Fla. Stat. § 744.3046. The declaration is not self-executing — it does not create a guardianship — but it is entitled to weight when a petition is later filed.
A guardianship account is not the only container available for a minor's money. Depending on the size and source of the funds, a structured settlement annuity, or a trust established for the child's benefit, may serve the family better than a restricted depository that empties into an 18-year-old's checking account. The time to raise that is before the court approves the settlement or before the person leaving the inheritance signs their estate plan — not after the funds have already landed.
Court Guardianship of the Property vs. Natural Guardianship
| Aspect | Guardianship of a Minor in Florida | Natural Guardianship (§ 744.301) |
|---|---|---|
| Governing statute | Fla. Stat. § 744.3021; § 744.387 | Fla. Stat. § 744.301(2) |
| Dollar limit | Required once the minor's property exceeds $15,000 | Parents act alone up to $15,000 in the aggregate |
| Court appointment | Petition, order, and Letters of Guardianship | No appointment, authority, or bond required |
| Security for the funds | Bond, or a restricted depository under § 69.031 | None |
| Ongoing filings | Verified inventory (§ 744.365) and annual accounting (§ 744.3678) | None |
| Guardian ad litem | Mandatory at a $50,000 gross settlement (§ 744.3025) | Discretionary above $15,000 |
| Guardian education | 4-hour court-approved course (§ 744.3145) | None |
| Attorney | Required — Fla. Prob. R. 5.030(a) | Not required |
| How it ends | Final report and discharge at 18 (§ 744.521; § 744.527) | Authority simply lapses at 18 |
How a Minor Guardianship Proceeds in Orange County
Petitions are filed in the Probate Division of the Ninth Judicial Circuit in and for Orange County, the same division that hears adult guardianship and probate matters. An uncontested guardianship of the property, with the paperwork assembled correctly at filing, typically moves from petition to Letters of Guardianship in a matter of weeks.
Timing usually matters more than it appears. In a settlement case, the defendant's carrier will not release funds until Letters have issued and a depository order is in place, and plaintiff's counsel is often working against a settlement deadline. In an estate case, the personal representative cannot distribute the minor's share until there is someone with authority to receive it.
- Petition: the petition for appointment of guardian identifies the minor, the petitioner's relationship, the nature and approximate value of the property, and whether the appointment sought is of the person, the property, or both (Fla. Stat. § 744.3021).
- Fitness screening: prospective guardians submit, at their own expense, to a credit history investigation and level 2 background screening, including a fingerprint-based state and national criminal history check. The court may waive one or both on petition of any interested person or on its own motion — a waiver commonly sought for a parent, but one to request rather than assume (Fla. Stat. § 744.3135).
- Filed before Letters issue: the oath of guardian, the designation of resident agent and the agent's acceptance, the order appointing guardian, and either a fiduciary bond or an order designating a restricted depository.
- Restricted depository: in lieu of bond the court may order the minor's assets deposited with a bank, trust company, or savings and loan designated by the court, held subject to the instructions of the court (Fla. Stat. § 69.031). Nothing leaves that account without an order.
- Verified inventory: the guardian of the property files a verified inventory of the ward's property within 60 days after issuance of Letters (Fla. Stat. § 744.365; Fla. Prob. R. 5.620(a)).
- Guardian education: a guardian of the property of a minor must complete a minimum of 4 hours of court-approved instruction within 4 months after appointment — half of the 8 hours required of a guardian of an adult (Fla. Stat. § 744.3145).
- Annual accounting: each year the guardian files a full and correct account of all receipts and disbursements, with the year-end statement from every institution holding the ward's funds, and keeps the underlying receipts and cancelled checks for three years after discharge (Fla. Stat. § 744.3678).
- Termination: the guardianship ends when the ward becomes sui juris at 18. The guardian files a final report and application for discharge, turns the balance over to the now-adult ward, and obtains an order of discharge (Fla. Stat. § 744.521; § 744.527).
Is an attorney required?
This one is not a judgment call. Under Fla. Prob. R. 5.030(a), every guardian must be represented by an attorney admitted to practice in Florida — the sole-interested-person exception available to a personal representative does not extend to guardians, and the only guardian who may appear without counsel is one who is a Florida lawyer. The judgment calls lie elsewhere: whether the asset can be structured so that no guardianship is needed at all, whether a guardian ad litem will be required or waived, bond versus restricted depository, whether a particular expenditure is one the court will authorize under Fla. Stat. § 744.397, and closing the file on schedule so the 18-year-old actually receives the money instead of inheriting a delinquent accounting.
Frequently Asked Questions
Can I use my child's settlement money for food, rent, and clothing?
No — not without a court order. Fla. Stat. § 744.397 provides that if the parents of a minor ward are able to support and educate the child, the guardian may not apply the ward's property to that support unless the court specifically authorizes it. The money is the child's, and a parent's legal duty of support is the parent's. Courts will authorize extraordinary expenditures — specialized therapy, an accessible vehicle, tuition, equipment related to the injury — on a properly supported petition. Routine household expenses are a different conversation, and spending first and asking later exposes the guardian to surcharge.
Is the $15,000 threshold measured before or after attorney's fees?
Section 744.301(2) is framed in terms of the amounts "received in the aggregate" by the natural guardian — that is, what actually reaches the child after fees, costs, and liens. The guardian ad litem trigger in § 744.3025 is drawn differently and expressly keys to the gross settlement. So a case can require a guardian ad litem while the net to the child stays under the guardianship threshold. Because the two measures diverge, confirm the division's expectation before the settlement is presented for approval rather than after.
Who pays for the guardianship?
Ordinarily the minor's own funds, with court approval. Reasonable guardian and attorney's fees in a guardianship are payable from the ward's assets to the extent the services benefited the ward (Fla. Stat. § 744.108). In a settlement case the fees and costs of establishing the guardianship are customarily disclosed and approved as part of the settlement approval, so the family is not out of pocket.
Do I really need a background and credit check to serve as guardian for my own child?
The statute says yes by default: every guardian seeking appointment, other than a corporate guardian, submits at their own expense to a credit history investigation and level 2 background screening (Fla. Stat. § 744.3135). The same statute lets the court waive either or both, on petition of an interested person or on the court's own motion. For a parent with a clean record and an uncontested petition, that waiver is commonly granted — but it is requested, not presumed.
What is a restricted depository?
It is the alternative to posting a bond. Under Fla. Stat. § 69.031 the court orders the minor's funds deposited with a designated financial institution, which holds them in safekeeping subject to the court's instructions. The guardian cannot withdraw, transfer, or invest out of that account without an order. Banks handle these routinely; the friction is intentional, and it is the single most effective protection against a guardianship account quietly draining away.
What happens when my child turns 18?
The guardianship terminates by operation of law — the ward becomes sui juris, and no one has to prove anything. What remains is administrative: the guardian files a final report and accounting, delivers the entire remaining balance to the now-adult child, and obtains an order of discharge (Fla. Stat. § 744.521; § 744.527). Plan for it in advance. A delinquent final accounting keeps the file open, keeps the guardian on the hook, and keeps the 18-year-old from getting their money.
Can the guardianship hold the money past 18 if my child isn't ready for it?
Not through a guardianship. There is no provision for extending a minor's guardianship beyond the age of majority on the theory that the ward is immature or spendthrift, and an adult guardianship requires an adjudication of incapacity that an ordinary 18-year-old will not meet. The answer is structural and has to be built before the money arrives: a trust created for the child's benefit as part of the settlement approval, a structured annuity that pays over time, or — where the money is coming from a relative — an inheritance left in trust rather than outright. Once the funds are in a restricted depository, the 18th birthday is the deadline.
Does the guardian named in my will control who the court appoints?
It carries weight; it does not bind. A parent may designate a preneed guardian for a minor under Fla. Stat. § 744.3046, and courts take that designation seriously as evidence of the parents' wishes. But the designation does not create a guardianship, and the court still determines whether the designated person is qualified and whether the appointment serves the child. Naming an alternate — and telling that person — costs nothing and prevents the fight.
Can a grandparent or other relative petition for guardianship of a minor?
Yes. Fla. Stat. § 744.3021(1) permits a petition by a parent, brother, sister, next of kin, or other person interested in the welfare of the minor. Whether the court appoints that person is a separate question that turns on fitness, any competing petition, and the child's circumstances — and where the parents are living and the dispute is really about custody, the Family Division, not the Probate Division, is usually the correct forum.
What if a relative believes the guardian is mishandling the child's money?
Any interested person may object to the guardian's annual accounting and may petition to remove the guardian for cause — including failure to file accountings, mismanagement, or self-dealing (Fla. Stat. § 744.474). The annual accounting exists so that mismanagement surfaces while the money is still recoverable. An account that cannot be documented is the usual first symptom.
The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Florida law changes. Consult a licensed Florida attorney for guidance specific to your matter.
Settlement or inheritance headed to a minor?
We open, administer, and close guardianships of the property of minors in the Orange County Probate Division — and, where the asset allows, help structure the matter so no guardianship is needed. Call (407) 843-0430 or schedule a consultation with our Orlando guardianship attorneys.
Or text PROBATE to (407) 906-9507 for a faster response.
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