(1) Application for authorization to perform, or confirmation of, any acts under s. 744.441 or s. 744.446 shall be by petition stating the facts showing the expediency or necessity for the action; a description of any property involved; and the price and terms of a sale, mortgage, or other contract. The application must state whether it conforms to the general terms of the guardianship report and whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised.
(2) No notice of a petition to authorize a sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other acts under s. 744.441 or s. 744.446 shall be given to the ward, to the next of kin, if any, and to those interested persons who have filed requests for notices and copies of pleadings, as provided in the Florida Probate Rules, unless waived by the court. Notice need not be given to a ward who is under 14 years of age or who has been determined to be totally incapacitated.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 12, ch. 79-221; s. 76, ch. 89-96; s. 55, ch. 90-271.
Note.—Created from former s. 745.06.
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.