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Guardianship Hearing

Before filing

  1. 1

    File the incapacity petition and the appointment petition together where guardianship is sought

    Chapter 744 pairs them, and the court appoints counsel for the alleged incapacitated person.

Scheduling

  1. 2

    The court appoints an examining committee; its reports precede the hearing

    Section 744.331's committee-report timelines drive when the adjudicatory hearing can be set.

Before the hearing

  1. 3

    The court must consider less-restrictive alternatives on the record before a plenary guardianship

    Section 744.331(6)(b), Fla. Stat. requires the court to consider alternatives — powers of attorney, trusts, supported decision-making — and to appoint a guardian only to the extent the evidence shows one is needed.

At the hearing

  1. 4

    Attend the adjudicatory hearing

    The alleged incapacitated person has the right to be present and to challenge the evidence.

After the hearing

  1. 5

    If appointed, complete guardian qualifications on the statutory clock

    Education requirements and bond run from appointment.

  2. 6

    Calendar the initial guardianship plan and inventory deadlines

    Rule: Computing Time — Fla. R. Gen. Prac. & Jud. Admin. 2.514 →

Steps marked “check the division's instructions” vary by judge — that variance is exactly what BenchPath tracks. Search your county and division for the specific requirements before relying on the generic sequence. Not legal advice.