reglab/housing_qa huggingface dataset:
FL Stat § 744.369 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.369 - Judicial review of guardianship reports.

744.369 Judicial review of guardianship reports.—(1) The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court.(2) The court may appoint a general or special magistrate to assist the court in its review function. The court may require the general or special magistrate to conduct random field audits.(3) If an initial or annual report is not timely filed, the court shall order the guardian to file the report or to show cause why the report has not been filed within the prescribed time. Service of the order and subsequent proceedings shall be governed by s. 744.3685.(4) The court must review the initial and annual guardianship report to determine that the report:(a) Meets the needs of the ward;(b) Authorizes the guardian to act only in areas in which an adult ward has been declared incapacitated; and(c) Conforms to all other requirements of the law.(5) Upon examining the initial or annual guardianship report, the court shall enter an order approving or disapproving the report. If the court disapproves the report, the court shall order the guardian to provide a revised report or proof of any item in the report to the court. The guardian shall do so within a reasonable amount of time set by court.(6) If the guardian fails to comply with the court order entered pursuant to subsection (5), the court shall take immediate action to compel compliance or to sanction the guardian after a hearing with appropriate notice to the ward, the ward’s counsel, if any, the guardian, and the ward’s next of kin.(7) If an objection has been filed to a report, the court shall set the matter for hearing and shall conduct the hearing within 30 days after the filing of the objection. After the hearing, the court shall enter a written order either approving, or ordering modifications to, the report. If an objection is found to be without merit, the court may assess costs and attorney’s fees against the person who made the objection.(8) The approved report constitutes the authority for the guardian to act in the forthcoming year. The powers of the guardian are limited by the terms of the report. The annual report may not grant additional authority to the guardian without a hearing, as provided for in s. 744.331, to determine that the ward is incapacitated to act in that matter. Unless the court orders otherwise, the guardian may continue to act under authority of the last-approved report until the forthcoming year’s report is approved.History.—s. 54, ch. 89-96; s. 38, ch. 90-271; s. 1, ch. 99-277; s. 96, ch. 2004-11; s. 17, ch. 2015-83.
FL Stat § 744.3701 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.3701 - Confidentiality.

744.3701 Confidentiality.—(1) Unless otherwise ordered by the court, upon a showing of good cause, an initial, annual, or final guardianship report or amendment thereto, or a court record relating to the settlement of a claim, is subject to inspection only by the court, the clerk or the clerk’s representative, the guardian and the guardian’s attorney, the guardian ad litem with regard to the settlement of the claim, the ward if he or she is at least 14 years of age and has not been determined to be totally incapacitated, the ward’s attorney, the minor if he or she is at least 14 years of age, or the attorney representing the minor with regard to the minor’s claim, or as otherwise provided by this chapter.(2) The court may direct disclosure and recording of parts of an initial, annual, or final report or amendment thereto, or a court record relating to the settlement of a claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, in connection with a real property transaction or for such other purpose as the court allows.(3) A court record relating to the settlement of a ward’s or minor’s claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be disclosed except as specifically authorized.(4) The clerk may disclose confidential information to the Department of Children and Families or law enforcement agencies for other purposes as provided by court order.History.—s. 39, ch. 90-271; s. 1091, ch. 97-102; s. 1, ch. 2015-84; s. 3, ch. 2018-68.
FL Stat § 744.371 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.371 - Relief to be granted.

744.371 Relief to be granted.—If it appears from the annual guardianship report that:(1) The condition of the ward requires further examination;(2) Any change in the proposed care, maintenance, or treatment is needed;(3) The ward is qualified for restoration of some or all rights;(4) The condition or maintenance of the ward requires the performance or doing of any other thing for the best interest of the ward which is not indicated in the plan; or(5) There is any other matter necessary to protect the interests of the ward,the court shall, after a hearing with appropriate notice, amend the plan or enter any other order necessary to protect the ward.History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 55, ch. 89-96; s. 40, ch. 90-271.Note.—Created from former s. 744.484.
FL Stat § 744.3715 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.3715 - Petition for interim judicial review.

744.3715 Petition for interim judicial review.—(1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan, is exceeding his or her authority under the guardianship plan, is acting in a manner contrary to s. 744.361, is denying visitation between the ward and his or her relatives in violation of s. 744.361(13), or is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian’s action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously.(2) If the petition for review is found to be without merit, the court may assess costs and attorney’s fees against the petitioner.History.—s. 56, ch. 89-96; s. 41, ch. 90-271; s. 1092, ch. 97-102; s. 18, ch. 2015-83.
FL Stat § 744.372 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.372 - Judicial review of guardianships.

744.372 Judicial review of guardianships.—The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and:(1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367;(2) If interim review has been requested under s. 744.3715;(3) If a person, including the ward, has filed a suggestion of increased capacity; or(4) If the guardianship report has not been received and the guardian has failed to respond to a show cause order.History.—s. 57, ch. 89-96; s. 42, ch. 90-271.
FL Stat § 744.3725 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.3725 - Procedure for extraordinary authority.

744.3725 Procedure for extraordinary authority.—Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:(1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act;(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations;(3) Personally meet with the incapacitated person to obtain its own impression of the person’s capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court;(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person’s capacity is not likely to change in the foreseeable future; and(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person.The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.History.—s. 58, ch. 89-96; s. 43, ch. 90-271; s. 25, ch. 95-401; s. 1093, ch. 97-102; s. 3, ch. 2017-16.
FL Stat § 744.373 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.373 - Production of property.

744.373 Production of property.—On the petition of a creditor or other interested person, including the ward, or on its own motion, the court may require a guardian of the property to produce satisfactory evidence that the property of the ward for which the guardian is responsible is in the guardian’s possession or under her or his control. If it deems it necessary or proper, the court may order the guardian to produce the property for the inspection of the creditor, another interested person, the ward, or the court.History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 71, ch. 89-96; s. 44, ch. 90-271; s. 1094, ch. 97-102.Note.—Created from former s. 745.30; former s. 744.434.
FL Stat § 744.3735 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.3735 - Annual appearance of the guardian.

744.3735 Annual appearance of the guardian.—The court may require the guardian to appear before the court at the time the guardian files the annual guardianship report or at such other time as the court determines, in order for the court to inquire as to any matter relating to the well-being of the ward.History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 11, ch. 79-221; s. 72, ch. 89-96.Note.—Former s. 744.437.
FL Stat § 744.374 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.374 - Payments to guardian.

744.374 Payments to guardian.—If there is more than one guardian, either guardian may petition for an order directing the guardian of the property to pay to the guardian of the person periodic amounts for the support, care, maintenance, education, and other needs of the ward if not otherwise provided for in the guardianship plan. The amount may be increased or decreased from time to time. If an order is entered, the receipt of the guardian for payments made shall be a sufficient discharge of the guardian who makes the payments. The guardian shall not be bound to see to the application of the payments.History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 59, ch. 89-96; s. 45, ch. 90-271; s. 1095, ch. 97-102.Note.—Created from former s. 744.50.
FL Stat § 744.381 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.381 - Appraisals.

744.381 Appraisals.—When the court deems it necessary, appraisers may be appointed to appraise the property of the ward that is subject to the guardianship.History.—s. 1, ch. 74-106; s. 61, ch. 89-96; s. 46, ch. 90-271.Note.—Created from former s. 744.54.
FL Stat § 744.384 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.384 - Subsequently discovered or acquired property.

744.384 Subsequently discovered or acquired property.—(1) If a plenary guardian of the property of the ward learns of any property that is not included in previous inventories, the property shall be inventoried within 30 days after the discovery or acquisition.(2) If a limited guardian of the property of the ward learns of any property that was not known to the court at the time of his or her appointment, he or she shall file a report of such property with the court. Upon petition by the guardian, ward, or other interested person, the court, after hearing with appropriate notice, may direct the guardian to take custody and control of such property, without further adjudicatory proceeding under s. 744.331.History.—s. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 62, ch. 89-96; s. 47, ch. 90-271; s. 1096, ch. 97-102.Note.—Created from former s. 744.59.
FL Stat § 744.387 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.387 - Settlement of claims.

744.387 Settlement of claims.—(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.
FL Stat § 744.391 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.391 - Actions by and against guardian or ward.

744.391 Actions by and against guardian or ward.—If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward.History.—s. 1, ch. 74-106; s. 64, ch. 89-96; s. 1097, ch. 97-102.Note.—Created from former s. 744.61.
FL Stat § 744.394 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.394 - Suspension of statutes of limitations in favor of guardian.

744.394 Suspension of statutes of limitations in favor of guardian.—If a person entitled to bring an action is declared incapacitated before the expiration of the time limited for the commencement of it and the cause of the action survives, the action may be commenced by the guardian of the property after such expiration and within 1 year from the date of the order appointing the guardian or the time otherwise limited by law, whichever is longer.History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 65, ch. 89-96; s. 49, ch. 90-271; s. 1098, ch. 97-102.Note.—Created from former s. 744.62.
FL Stat § 744.397 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.397 - Application of income of property of ward.

744.397 Application of income of property of ward.—(1) The court may authorize the guardian of the property to apply the ward’s income, first to the ward’s care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the parent, spouse, or dependents, if any, of the ward, to the extent necessary. If the income is not sufficient for these purposes, the court may authorize the expenditure of part of the principal for such purposes from time to time.(2) The word “dependents,” as used in subsection (1) means, in addition to those persons who are legal dependents of a ward under existing law, the person or persons whom the ward is morally or equitably obligated to aid, assist, maintain, or care for, including, but not limited to, such persons as the indigent spouse of the ward, based upon the showing of an existing need and an ability of the estate of the ward to pay for, provide, or furnish the aid, assistance, maintenance, or care without unreasonably jeopardizing the care, support, and maintenance of the ward.(3) If the ward is a minor and the ward’s parents are able to care for him or her and to support, maintain, and educate him or her, the guardian of the minor shall not so use his or her ward’s property unless directed or authorized to do so by the court.History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 66, ch. 89-96; s. 50, ch. 90-271; s. 1099, ch. 97-102.Note.—Created from former s. 744.64.
FL Stat § 744.421 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.421 - Petition for support of ward’s dependents.

744.421 Petition for support of ward’s dependents.—Any person dependent on the ward for support may petition for an order directing the guardian of the property to contribute to the support of the dependent person from the property of the ward. The court may enter an order for suitable support and education of the dependent person out of the ward’s property that is subject to the guardianship. The grant or denial of an order for support shall not preclude a further petition for increase, decrease, modification, or termination of allowance for support by either the petitioner or the guardian. The order for support shall be valid for payments made pursuant to it, but no valid payments can be made after the termination of the guardianship. The receipt of the petitioner shall be a sufficient release of the guardian for payments made pursuant to the order. If the property of the ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other benefits made directly to the guardian by the United States Department of Veterans Affairs, notice of the petition for support shall be given by the petitioner to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located and the chief attorney for the Department of Veterans’ Affairs in this state at least 15 days before the hearing on the petition. The court may not authorize payments from the ward’s property unless the ward has been adjudicated incapacitated to handle such property in accordance with s. 744.331; except in a voluntary guardianship, in which case such petition may be granted only upon the written consent of the ward.History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 1, ch. 77-174; s. 1, ch. 78-305; s. 80, ch. 81-167; s. 84, ch. 83-55; s. 30, ch. 88-290; s. 67, ch. 89-96; s. 51, ch. 90-271; s. 37, ch. 93-268.Note.—Created from former s. 744.65.
FL Stat § 744.442 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.442 - Delegation of authority.

744.442 Delegation of authority.—(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.