Getting appointed guardian for a parent, grandparent, or a family member with a disability already comes with enough paperwork and court dates. The last thing anyone wants is to show up to file something and get sent home because a signature wasn’t notarized. Here’s what actually needs a notary in a Florida guardianship case, and what doesn’t.

Before Guardianship: Florida Wants You to Try Something Less Restrictive First

Courts in Florida are required to consider less restrictive alternatives before appointing a guardian at all. A durable power of attorney, a health care surrogate designation, a trust, or a supported decision-making agreement can often accomplish what a family actually needs without a full guardianship proceeding. If those documents are already in place and still valid, guardianship may not be necessary in the first place. It’s worth having that conversation before filing, since guardianship is a court process that removes rights, while these other documents don’t.

That said, guardianship is sometimes the right and only path, particularly when no advance planning documents exist or the person needing help is no longer able to sign new ones. If that’s where your family is, here’s what the notary side of it looks like.

The Oath of Guardian: The One That Always Needs a Notary

Under Fla. Stat. § 744.347, every guardian must take a written oath before exercising any authority, swearing to faithfully perform their duties as guardian. That oath has to be signed in front of a notary public and filed with the court before letters of guardianship are issued. It’s a short document, but it’s a required one, and the court will not authorize a guardian to act without it on file.

If a case involves co-guardians, which is common when siblings share responsibility for a parent, each guardian signs their own oath individually.

Other Guardianship Paperwork That Often Needs a Notary

Beyond the oath itself, a few other documents commonly show up in a guardianship case that require notarization or a sworn signature:

  • Verified petitions. Petitions filed with the court, including the initial petition to determine incapacity or to appoint a guardian, generally have to be sworn to or verified.
  • Inventories and accountings. Guardians of the property are typically required to file sworn inventories and periodic accountings of the ward’s assets with the court.
  • Consent and waiver forms. Family members who agree to a proposed guardian, or waive their right to notice or objection, often sign notarized consent forms.
  • Voluntary guardianship petitions. Under Fla. Stat. § 744.341, a mentally competent adult who wants help managing their own affairs due to age or physical infirmity can petition for a voluntary guardian, and the supporting paperwork typically needs to be sworn as well.

Requirements vary by circuit and by the specifics of the case, so it’s worth checking with the clerk of court or your attorney about exactly what your petition packet needs before your filing deadline.

Why Timing Matters More in Guardianship Cases

Guardianship proceedings run on court deadlines, not personal ones. A hearing date, a filing deadline, or a request from opposing counsel can leave you with days, not weeks, to get an oath or a sworn document notarized. That’s usually when families first call us, not at the leisurely start of the process, but partway through it, with a deadline already on the calendar.

How Seal Now Helps

Guardianship is one of the five areas we work in regularly, and we know these filings move on the court’s clock. If you and a co-guardian are in different cities or states, Florida’s remote online notarization (RON) lets both of you sign in the same secure video session instead of coordinating in-person schedules. If it’s simpler to meet face to face, we come to you anywhere in Miami-Dade or Broward County, including hospitals, rehab facilities, or an attorney’s office.

Frequently Asked Questions

Does the Oath of Guardian need to be notarized in Florida?

Yes. Under Fla. Stat. § 744.347, every guardian must sign a written oath before a notary public before exercising any authority as guardian.

Do co-guardians each need to sign their own oath?

Yes, each co-guardian signs and notarizes their own individual oath before the court will issue letters of guardianship to them.

Is guardianship always necessary, or are there alternatives?

Florida courts must consider less restrictive alternatives first, including a durable power of attorney, a health care surrogate designation, or a supported decision-making agreement, before appointing a guardian.

What is voluntary guardianship?

Under Fla. Stat. § 744.341, a mentally competent adult who is unable to manage their own affairs due to age or physical infirmity can voluntarily petition the court for a guardian of their property.

Can guardianship paperwork be notarized remotely if a co-guardian lives out of state?

Yes, through Florida’s remote online notarization (RON), as long as the notary presiding over the session is commissioned and physically located in Florida.

Working against a court deadline on a guardianship filing? Reach out or book directly at https://sealnow.co/#book and tell us your timeline.