(1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it.
(2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000.
(3)(a) No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action.
(b) In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.
(4) In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.
History.—s. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 3, ch. 78-342; s. 10, ch. 79-221; s. 63, ch. 89-96; s. 48, ch. 90-271; s. 10, ch. 2002-195.
Note.—Created from former s. 744.60.
Structure Florida Statutes
Title XLIII - Domestic Relations
Part VI - Powers and Duties (Ss. 744.361-744.462)
744.361 - Powers and duties of guardian.
744.362 - Initial guardianship report.
744.363 - Initial guardianship plan.
744.367 - Duty to file annual guardianship report.
744.3675 - Annual guardianship plan.
744.3679 - Simplified accounting procedures in certain cases.
744.368 - Responsibilities of the clerk of the circuit court.
744.3685 - Order requiring guardianship report; contempt.
744.369 - Judicial review of guardianship reports.
744.371 - Relief to be granted.
744.3715 - Petition for interim judicial review.
744.372 - Judicial review of guardianships.
744.3725 - Procedure for extraordinary authority.
744.373 - Production of property.
744.3735 - Annual appearance of the guardian.
744.374 - Payments to guardian.
744.384 - Subsequently discovered or acquired property.
744.387 - Settlement of claims.
744.391 - Actions by and against guardian or ward.
744.394 - Suspension of statutes of limitations in favor of guardian.
744.397 - Application of income of property of ward.
744.421 - Petition for support of ward’s dependents.
744.441 - Powers of guardian upon court approval.
744.442 - Delegation of authority.
744.444 - Power of guardian without court approval.
744.446 - Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.
744.447 - Petition for authorization to act.
744.454 - Guardian forbidden to borrow or purchase; exceptions.
744.457 - Conveyance of various property rights by guardians of the property.
744.461 - Purchasers and lenders protected.
744.462 - Determination regarding alternatives to guardianship.