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Florida Minor Child Power of Attorney Form

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Florida Minor Child Power of Attorney Form

Updated June 06, 2023

A Florida minor child power of attorney form is a legal document that allows a parent to provide the written authority for a friend or family member to care for their children in their absence. In the state of Florida, no minor power of attorney exists and therefore a guardianship petition must be filed with the County Probate Court. This document will not require notarization, however, it will require the approval of a judge and will not be accepted as a legal document until the judge has applied a dated signature and stamp. The first page of this document should be set aside as this is only for the judge’s signature. Begin with the second page of the document.

How to Write

1 – Obtain The Petition

Download the Petition by selecting the button below the file image. The first page of this petition is strictly for the use of the courts. Do not fill in this page.

2 – Supply The Requested Information

Find the second page. The heading will require the County Name where the Petitioner is seeking Guardianship over on the first blank space (after the words “…In and For”). Then. record the Full Name of the Ward (Minor/Child) the Petitioner is applying for Guardianship over under the words “In Re: Guardianship of.” Finally, if you know the Case Number and Judge ruling in this matter, report this information in the blank spaces labeled “Case Number” and “Judge” (respectively).

On the blank space after the phrase “Appointment as Guardian of,” report the Name of the Ward this petition concerns.

3 – Provide Some Basic Facts About The Petitioner

In Item 1, report the Full Name of the individual petitioning to be the Guardian of the Minor

In Item 2, fill in the Social Security of the Petitioner on the blank line

Enter the Birth Date and Place of Birth of the Petitioner in Item 3.

The Residential Address of the Petitioner must be presented in Item 4.

In Item 5, the Petitioner’s Mailing Address should be reported if it differs from that of the Residential Address

If the Petitioner is a U.S. Citizen mark the blank line labeled “Yes” in Item 6. If not, then mark the blank line labeled “No.”

Item 7 must have the Name and Address of the Petitioner’s Employer clearly displayed on the first two blank lines. Then on the space after the words “Applicant’s Position,” enter the Title the Petitioner holds with this Employer.

If the Petitioner is married, then write in the words “Married to” followed by the Name of the Petitioner’s Spouse in Item 8. If not, then write the words “Petitioner is Single” on the blank space provided.

Enter the Petitioner’s Home Phone Number in Item 9.

Report how long the Petitioner has lived in the County where this Petition is being filed on the blank line in Item 10.

As per Item 11, report the Name(s), Court File Number(s), Circuit Court(s), and Case(s) involving any Guardianship of any current Wards under the Petitioner’s care. There will be a blank line provided for this purpose but if there is not enough room you may cite an attachment with this paperwork.

4 – Define Any Disabilities The Petitioner May Have

If the Petitioner has any Physical Disabilities write the word “Yes” on the blank line in Item 12 then list them on the next blank line. If not, then write in the word “No.”

Item 13 will have three columns. The first will list several items, the second will have a blank line next to the word “Yes,” and the third will have a blank line next to the word “No.” Go through this list, if the Petitioner has been treated for a Mental Condition, Alcohol, Drugs, or Some Other Condition then locate the appropriate issue then either mark the blank line Yes. If not, then mark the blank line labeled “No.” If you have marked “Yes” for “Other,” then report the Nature of the Condition on the available blank line.

If the Petitioner has been judicially determined to have committed abuse or neglect against a child (in Florida), then mark the blank line next to the word “Yes” in item 14. If not, then mark the blank line labeled “No.”

5 – Divulge Any Criminal History The Petitioner Bears

Next, in Item 15, report if the Petitioner been the subject of a report on abuse, neglect, or exploitation that has been contested or upheld as per Sections 415.104 and 415.1075, Florida Statutes, by marking the blank line labeled “Yes.” If this is not the case, mark the blank line labeled “No.”

If the Petitioner has been officially charged with Fraud, Misrepresentation or Perjury, then mark the blank line following the word “Yes” in Item 16. If not, then mark the line labeled “No.”

Item 17 will present three columns. The first column will have several items listed. Each Item will correspond to a blank line labeled “Yes” and one labeled “No.” Go through this list and place a mark on the corresponding blank line labeled “Yes” if the Petitioner has ever been charged with a Felony, Arrested for a Felony, Convicted of a Felony, or Entered a Plea of Guilty or No Contest to a Felony. If this is not the case for one or all of these scenarios, then mark the corresponding blank line labeled “No.” If you have marked “Yes,” for any of these items then provide the details of what happened, the type of offense, the location, and the final disposition on the blank line provided or cite an attachment that will have this information and be included with this paperwork.

Similarly, Item 18 will also list several items in one column, each corresponding with a blank line labeled “Yes” or “No.” If the Petitioner has ever been charged with a crime, arrested for a crime, convicted of a crime, or entered a plea of guilty to a crime that was not a Felony, then mark the choice labeled “Yes.” If not, then mark the selection labeled “No.” If any of these events occurred, then provide the details on the blank space following the statement beginning with the words “If yes.”

If the Petitioner has been bonded in a previously held or currently held position, then mark the “Yes” line in Item 19. Otherwise, select the “No” line.

Report whether or not the petitioner has served as a Guardian of a Person or Property by marking either the “Yes” line or the “No” line in Item 20.

Locate Item 21. If the Petitioner has previously been held in contempt of court or been removed from guardianship, then select “Yes.” If this is not the case, then mark the choice labeled “No.”

Item 22 will require the “Yes” line marked if the Petitioner has ever filed for Bankruptcy. If so, then use the blank line after the word “…court” to report the Date and Court of this filing. If not, the line designated as “No” should be marked.

6 – Define The Petitioner’s Relationship To The Minor

Item 23 should have the nature of the Petitioner’s relationship to the Minor or Ward documented.

Item 24 focuses on Petitioners with a business entity providing a service to the Ward. In most cases, this will not apply, however, if it does here, mark the “Yes” choice then provide details in the blank space provided. Otherwise, mark the line after the word “No.”

In Item 25, mark the “Yes” line if the Petitioner is employed by a Business Entity providing a service to the Minor or Ward. This will not apply in most situations. If it does apply to this Petitioner and the Minor, then mark the blank line labeled “No.”

In Item 26, indicate if the Petitioner is a Health Care Provided to the Minor by either marking “Yes” or “No.”

7 – Document The Principal’s Educational And Employment History

Report the Educational Background of the Petitioner in Item 27 using the table provided. Document the Name, Address, Degree, and Graduation Date of the Petitioner’s High School, College, or Other Education (i.e. Trade School) where applicable.

In item 28, provide a record of the Petitioner’s Employment History in the table. Each row should contain the Name of the Petitioner’s Current or Previous Employer along with the Name, the Date Range he or she was employed with this entity and the Reason for Leaving in the columns labeled “Date” and “Reason for Leaving” (respectively).

Use Item 29 to indicate if the Petitioner has ever been discharged (i.e. terminated or fired) from his or her place of employment by marking the blank line labeled “Yes” or the blank line labeled “No.”

– Report Some Background And Qualifications

If the Petitioner has been in U.S. Military, then mark “Yes” and supply the Branch, Dates of Service, and Military Serial Number in the blank space provided in Item 30. If the petitioner has not served any time in the Military, then mark the blank line labeled “No.”

In Item 31, provide Personal References for the Petitioner. Each reference must know the Petitioner for at least Five Years. Each reference should have a close association of the applicant without being a relative or a spouse. Use the blank spaces in this item to supply the Name, Address, and Telephone Number of each reference.

In Item 32, indicate if the Petitioner has any special qualifications that would be especially useful to the Minor or serve to uniquely qualify the Petitioner to be the Guardian of the Minor. If so, mark “Yes” then provide a description of this qualification. If not, place a mark on the blank line labeled “No.”

If the Petitioner has received special training and/or instructions to successfully fulfill the role of the Minor’s Guardian, then mark the blank line labeled “Yes.” If not, then select the blank line labeled “No.” If this is the case then, provide details on the blank line after the word “…applications” or cite an attachment with these details included with this paperwork. Note: Proof of passing the professional guardian competency examination is required only for initial applications.

9 – Petitioner Signature

At the end of this document, the Petitioner must enter the Signature Date on the blank space following the term “Signed On.” Once this task is completed, he or she must sign the blank line above the word “Applicant” on the Signature Date.

Make sure to review this form carefully. Ultimately this will be an application that must be approved by the courts and thus should be presented in a neat and accurate manner.