How “Guardian of the Property” is Defined - Commentary to Florida Trust Code

Legal Commentary on the Definition of “Guardian of the Property”

Fla. Stat. § 736.0103(12) defines the term “guardian of the property.” The text of the subsection reads:

“Guardian of the property” means a person appointed by the court to administer the estate of a minor or incapacitated adult.

Although chapter 744 of the Florida Statutes is not explicitly mentioned in the above definition, there can be no doubt that being “appointed by the court” means appointment under chapter 744. Interestingly, chapter 744 does not define the term “guardian of the property,” despite being the guardianship chapter of the Florida Statutes.

A guardian of the person makes decisions regarding the support, care, education, health, and welfare of the ward, whereas a guardian of the property makes decisions regarding the assets owned by the ward.

History of the Definition of “Guardian of the Property”

The term “guardian of the property” has been consistently defined since the Florida Trust Code took effect in 2007. However, the placement of the definition in § 736.0103 has changed multiple times. For example, the term was originally found in Fla. Stat. § 736.0103(9).

The definition used by the Florida Trust Code was taken from the Uniform Trust Code’s definition of “conservator,” with only minor revisions made.

This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.