(1) A guardian may designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. A person designated as a surrogate guardian under this section must be a professional guardian.
(2)(a) A guardian must file a petition with the court requesting permission to designate a surrogate guardian.
(b) If the court approves the designation, the order must specify the name and business address of the surrogate guardian and the duration of appointment, which may not exceed 30 days. The court may extend the appointment for good cause shown. The surrogate guardian may exercise all powers of the guardian unless limited by order of the court. The surrogate guardian must file with the court an oath swearing or affirming that he or she will faithfully perform the duties delegated. The court may require the surrogate guardian to post a bond.
(3) This section does not limit the responsibility of the guardian to the ward and to the court. The guardian is liable for the acts of the surrogate guardian. The guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court.
(4) The surrogate guardian is subject to the jurisdiction of the court as if appointed to serve as guardian.
History.—s. 21, ch. 2006-178.
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.