Can a Guardian of a Ward Change a Ward’s Trust?

The short answer to this question is yes but with court approval.

Florida Statute 736.0602(6) provides that a guardian of the property of a settlor may only exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only as provided in section 744.441.

Florida Statute 744.441(19) provides that, a guardian, after obtaining court approval and authorization, may:

(19) Create or amend revocable trusts or create irrevocable trusts of the property of the ward’s estate which may extend beyond the disability or life of the ward in connection with estate, gift, income, or other tax planning or…