Florida Statutes
Title XLIII - Domestic Relations
Chapter 744 - Guardianship

744.1076 - Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions. - (1)(a) The order of any court appointing a court monitor...

744.108 - Guardian and attorney fees and expenses. - (1) A guardian, or an attorney who has rendered services...

744.109 - Records. - (1) All hearings on appointment of a guardian; adjudication of...

744.1095 - Hearings. - (1) Remain silent and refuse to testify at the hearing....

744.1096 - Domicile of ward. - History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 14,...

744.1097 - Venue. - (1) The venue in proceedings for declaration of incapacity shall...

744.1098 - Change of ward’s residence. - (1) PRIOR COURT APPROVAL REQUIRED.—A guardian who has power pursuant...

Part II - Public and Professional Guardians (Ss. 744.2001-744.2112)

744.2001 - Office of Public and Professional Guardians. - (1) The Secretary of Elderly Affairs shall appoint the executive...

744.2002 - Professional guardian registration. - (1) A professional guardian must register with the Office of...

744.2003 - Regulation of professional guardians; application; bond required; educational requirements. - (1) The provisions of this section are in addition to...

744.2004 - Complaints; disciplinary proceedings; penalties; enforcement. - (1) By October 1, 2016, the Office of Public and...

744.20041 - Grounds for discipline; penalties; enforcement. - (1) The following acts by a professional guardian shall constitute...

744.2005 - Order of appointment. - (1) The court may hear testimony on the question of...

744.2006 - Office of Public and Professional Guardians; appointment, notification. - (1) The executive director of the Office of Public and...

744.2007 - Powers and duties. - (1) A public guardian may serve as a guardian of...

744.2008 - Costs of public guardian. - (1) All costs of administration shall be paid from the...

744.2009 - Preparation of budget. - History.—s. 1, ch. 86-120; s. 101, ch. 89-96; s. 6,...

744.2101 - Procedures and rules. - (1) Formulate and adopt necessary procedures to assure the efficient...

744.2102 - Surety bond. - History.—s. 1, ch. 86-120; s. 104, ch. 89-96; s. 1128,...

744.2103 - Reports and standards. - (1) The public guardian shall keep and maintain proper financial,...

744.21031 - Public records exemption. - History.—s. 1, ch. 2018-16.

744.2104 - Access to records by the Office of Public and Professional Guardians; confidentiality. - (1) Notwithstanding any other provision of law to the contrary,...

744.2105 - Direct-support organization; definition; use of property; board of directors; audit; dissolution. - (1) DEFINITION.—As used in this section, the term “direct-support organization”...

744.2106 - Joining Forces for Public Guardianship grant program; purpose. - (1) The Office of Public and Professional Guardians may distribute...

744.2107 - Program administration; duties of the Office of Public and Professional Guardians. - (1) Publicize the availability of grant funds to entities that...

744.2108 - Eligibility. - (1) Any person or organization that has not been awarded...

744.2109 - Grant application requirements; review criteria; awards process. - (1) A grant application must contain: (a) The specific amount...

744.2111 - Confidentiality. - (1) A complaint and any information held by the Department...

744.2112 - Guardianship information and transparency. - (1) The Florida Clerks of Court Operations Corporation and the...

Part III - Types of Guardianship (Ss. 744.301-744.3085)

744.301 - Natural guardians. - (1) The parents jointly are the natural guardians of their...

744.3021 - Guardians of minors. - (1) Except as provided in subsection (4), upon petition of...

744.3025 - Claims of minors. - (1)(a) The court may appoint a guardian ad litem to...

744.3031 - Emergency temporary guardianship. - (1) A court, prior to appointment of a guardian but...

744.304 - Standby guardianship. - (1) Upon a petition by the natural guardians or a...

744.3045 - Preneed guardian. - (1) A competent adult may name a preneed guardian by...

744.3046 - Preneed guardian for minor. - (1) Both parents, natural or adoptive, if living, or the...

744.306 - Foreign guardians. - (1) When the residence of a ward of a foreign...

744.307 - Foreign guardian may manage the property of nonresident ward. - (1) A guardian of the property of a nonresident ward,...

744.308 - Resident guardian of the property of nonresident ward. - (1) The court may appoint a person qualified under s....

744.3085 - Guardian advocates. - History.—s. 11, ch. 2004-260.

Part IV - Guardians (Ss. 744.309-744.3145)

744.309 - Who may be appointed guardian of a resident ward. - (1) RESIDENT.— (a) Any resident of this state who is...

744.3115 - Advance directives for health care. - History.—s. 6, ch. 92-199; s. 1, ch. 94-183; s. 7,...

744.312 - Considerations in appointment of guardian. - (1) If the person designated is qualified to serve pursuant...

744.3125 - Application for appointment. - (1) Every prospective guardian must complete an application for appointment...

744.3135 - Credit and criminal investigation. - (1) The court shall require all guardians who are seeking...

744.3145 - Guardian education requirements. - (1) Each ward is entitled to a guardian competent to...

Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)

744.3201 - Petition to determine incapacity. - (1) A petition to determine incapacity of a person may...

744.3203 - Suspension of power of attorney before incapacity determination. - (1) At any time during proceedings to determine incapacity but...

744.3215 - Rights of persons determined incapacitated. - (1) A person who has been determined to be incapacitated...

744.331 - Procedures to determine incapacity. - (1) NOTICE OF PETITION TO DETERMINE INCAPACITY.—Notice of the filing...

744.334 - Petition for appointment of guardian or professional guardian; contents. - (1) Every petition for the appointment of a guardian shall...

744.3371 - Notice of petition for appointment of guardian and hearing. - (1) When the petition for appointment of a guardian for...

744.341 - Voluntary guardianship. - (1) Without adjudication of incapacity, the court shall appoint a...

744.342 - Minors; guardianship. - History.—s. 71, ch. 90-271.

744.345 - Letters of guardianship. - History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 28,...

744.347 - Oath of guardian. - History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s....

744.351 - Bond of guardian. - (1) Before exercising his or her authority as guardian, every...

744.354 - Validity of bond. - History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s....

744.357 - Liability of surety. - History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s....

744.358 - Liability of a guardian. - (1) A guardian is not liable, solely because of the...

744.359 - Abuse, neglect, or exploitation by a guardian. - (1) A guardian may not abuse, neglect, or exploit a...

Part VI - Powers and Duties (Ss. 744.361-744.462)

744.361 - Powers and duties of guardian. - (1) The guardian of an incapacitated person is a fiduciary...

744.362 - Initial guardianship report. - (1) Each guardian shall file with the court an initial...

744.363 - Initial guardianship plan. - (1) The initial guardianship plan shall include all of the...

744.365 - Verified inventory. - (1) FILING.—A guardian of the property shall file a verified...

744.367 - Duty to file annual guardianship report. - (1) Unless the court requires filing on a calendar-year basis,...

744.3675 - Annual guardianship plan. - (1) Each plan for an adult ward must, if applicable,...

744.3678 - Annual accounting. - (1) Each guardian of the property must file an annual...

744.3679 - Simplified accounting procedures in certain cases. - (1) In a guardianship of property, when all property of...

744.368 - Responsibilities of the clerk of the circuit court. - (1) In addition to the duty to serve as the...

744.3685 - Order requiring guardianship report; contempt. - (1) If a guardian fails to file the guardianship report,...

744.369 - Judicial review of guardianship reports. - (1) The court shall review the initial guardianship report within...

744.3701 - Confidentiality. - (1) Unless otherwise ordered by the court, upon a showing...

744.371 - Relief to be granted. - (1) The condition of the ward requires further examination; (2)...

744.3715 - Petition for interim judicial review. - (1) At any time, any interested person, including the ward,...

744.372 - Judicial review of guardianships. - (1) If an objection to the terms of the guardianship...

744.3725 - Procedure for extraordinary authority. - (1) Appoint an independent attorney to act on the incapacitated...

744.373 - Production of property. - History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s....

744.3735 - Annual appearance of the guardian. - History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s....

744.374 - Payments to guardian. - History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s....

744.381 - Appraisals. - History.—s. 1, ch. 74-106; s. 61, ch. 89-96; s. 46,...

744.384 - Subsequently discovered or acquired property. - (1) If a plenary guardian of the property of the...

744.387 - Settlement of claims. - (1) When a settlement of any claim by or against...

744.391 - Actions by and against guardian or ward. - History.—s. 1, ch. 74-106; s. 64, ch. 89-96; s. 1097,...

744.394 - Suspension of statutes of limitations in favor of guardian. - History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s....

744.397 - Application of income of property of ward. - (1) The court may authorize the guardian of the property...

744.421 - Petition for support of ward’s dependents. - History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s....

744.441 - Powers of guardian upon court approval. - (1) A plenary guardian of the property, or a limited...

744.442 - Delegation of authority. - (1) A guardian may designate a surrogate guardian to exercise...

744.444 - Power of guardian without court approval. - (1) Retain assets owned by the ward. (2) Receive assets...

744.446 - Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. - (1) It is essential to the proper conduct and management...

744.447 - Petition for authorization to act. - (1) Application for authorization to perform, or confirmation of, any...

744.451 - Order. - (1) If a sale or mortgage is authorized, the order...

744.454 - Guardian forbidden to borrow or purchase; exceptions. - (1) A court by written order authorizes the sale or...

744.457 - Conveyance of various property rights by guardians of the property. - (1)(a) All legal or equitable interests in property owned as...

744.461 - Purchasers and lenders protected. - History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s....

744.462 - Determination regarding alternatives to guardianship. - History.—s. 6, ch. 2006-77; s. 47, ch. 2006-217.

Part VII - Termination (Ss. 744.464-744.534)

744.464 - Restoration to capacity. - (1) VENUE.—A suggestion of capacity must be filed with the...

744.467 - Resignation of guardian. - History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s....

744.471 - Appointment of successor. - History.—s. 1, ch. 74-106; s. 83, ch. 89-96; s. 26,...

744.474 - Reasons for removal of guardian. - (1) Fraud in obtaining her or his appointment. (2) Failure...

744.477 - Proceedings for removal of a guardian. - History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s....

744.511 - Accounting upon removal. - History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s....

744.514 - Surrender of property upon removal. - History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s....

744.517 - Proceedings for contempt. - History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s....

744.521 - Termination of guardianship. - History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s....

744.524 - Termination of guardianship on change of domicile of resident ward. - History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s....

744.527 - Final reports and application for discharge; hearing. - (1) When the court terminates the guardianship for any of...

744.528 - Discharge of guardian named as personal representative. - (1) A guardian authorized to manage property, who is subsequently...

744.531 - Order of discharge. - History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s....

744.534 - Disposition of unclaimed funds held by guardian. - (1) In all cases in which it is appropriate for...

Part VIII - Veterans’ Guardianship (Ss. 744.602-744.653)

744.602 - Short title; scope of part. - (1) This part shall be known and may be cited...

744.604 - Definitions. - (1) “Adjudication by a court of competent jurisdiction” means a...

744.607 - Secretary of Veterans Affairs as party in interest. - History.—s. 3, ch. 21795, 1943; s. 3, ch. 84-62; s....

744.609 - Procedure for commitment of veteran to United States Department of Veterans Affairs hospital. - History.—s. 22, ch. 84-62; s. 41, ch. 93-268.

744.613 - Appointment of guardian for ward authorized. - (1) Whenever, pursuant to any law of the United States...

744.616 - Petition for appointment of guardian. - (1) A petition for the appointment of a guardian may...

744.617 - Notice by court of petition filed for appointment of guardian. - (1) When a petition for the appointment of a guardian...

744.618 - Persons who may be appointed guardian. - (1) Notwithstanding any law with respect to priority of persons...

744.619 - Bond of guardian. - History.—s. 8, ch. 14579, 1929; CGL 1936 Supp. 2146(9); s....

744.621 - Inventory of ward’s property; guardian’s failure to file inventory; discharge; forfeiture of commissions. - History.—s. 6, ch. 11906, 1927; CGL 2138; s. 24, ch....

744.622 - Guardian empowered to receive moneys due ward from the United States Government. - History.—s. 6, ch. 11906, 1927; CGL 2138; s. 8, ch....

744.624 - Guardian’s application of estate funds for support and maintenance of person other than ward. - History.—s. 13, ch. 14579, 1929; CGL 1936 Supp. 2146(14); s....

744.625 - Petition for support, or support and education, of ward’s dependents; payments of apportioned benefits prohibit contempt action against veteran. - (1) Any person who is dependent on a ward for...

744.626 - Exemption of benefits from claims of creditors. - History.—s. 9, ch. 84-62; s. 48, ch. 93-268; s. 1121,...

744.627 - Investment of funds of estate by guardian. - History.—s. 12, ch. 14579, 1929; s. 1, ch. 17473, 1935;...

744.631 - Guardian’s petition for authority to sell ward’s real estate; notice by publication; penalties. - (1) When a guardian of the estate of a minor...

744.634 - Guardian’s accounts, filing with court and certification to United States Department of Veterans Affairs; notice and hearing on accounts; failure to account. - (1) Every guardian who receives on account of his or...

744.637 - Certified copies of public records made available. - History.—s. 14, ch. 14579, 1929; CGL 1936 Supp. 2146(15); s....

744.638 - Clerk of the circuit court; fees; duties. - History.—s. 10, ch. 11906, 1927; CGL 2142; s. 1, ch....

744.639 - Attorney’s fee. - History.—s. 7, ch. 84-62; s. 31, ch. 95-401; s. 16,...

744.641 - Guardian’s compensation; bond premiums. - History.—s. 11, ch. 14579, 1929; CGL 1936 Supp. 2146(12); s....

744.643 - Discharge of guardian of minor or incompetent ward. - History.—s. 16, ch. 14579, 1929; CGL 1936 Supp. 2146(17); s....

744.646 - Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs. - History.—s. 11, ch. 11906, 1927; CGL 2143; s. 1, ch....

744.649 - Notice of appointment of general guardian; closing of veteran’s guardianship; transfer of responsibilities and penalties to general guardian. - History.—s. 6, ch. 11906, 1927; CGL 2138; s. 17, ch....

744.652 - Construction and application of part. - History.—ss. 17, 19, ch. 14579, 1929; CGL 1936 Supp. 2146(18);...

744.653 - Annual guardianship report. - History.—s. 6, ch. 91-306.

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Florida Statutes Title XLIII - Domestic Relations Chapter 744 - Guardianship

Florida Statutes
Title XLIII - Domestic Relations
Chapter 744 - Guardianship