reglab/housing_qa huggingface dataset:
FL Stat § 744.3203 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.3203 - Suspension of power of attorney before incapacity determination.

744.3203 Suspension of power of attorney before incapacity determination.—(1) At any time during proceedings to determine incapacity but before the entry of an order determining incapacity, the authority granted under an alleged incapacitated person’s power of attorney to a parent, spouse, child, or grandchild is suspended when the petitioner files a motion stating that a specific power of attorney should be suspended for any of the following grounds:(a) The agent’s decisions are not in accord with the alleged incapacitated person’s known desires.(b) The power of attorney is invalid.(c) The agent has failed to discharge his or her duties or incapacity or illness renders the agent incapable of discharging duties.(d) The agent has abused powers.(e) There is a danger that the property of the alleged incapacitated person may be wasted, misappropriated, or lost unless the authority under the power of attorney is suspended.Grounds for suspending a power of attorney do not include the existence of a dispute between the agent and the petitioner which is more appropriate for resolution in some other forum or a legal proceeding other than a guardianship proceeding.(2) The motion must:(a) Identify one or more of the grounds in subsection (1);(b) Include specific statements of fact showing that grounds exist to justify the relief sought; and(c) Include the following statement: “Under penalties of perjury, I declare that I have read the foregoing motion and that the facts stated in it are true to the best of my knowledge and belief,” followed by the signature of the petitioner.(3) Upon the filing of a response to the motion by the agent under the power of attorney, the court shall schedule the motion for an expedited hearing. Unless an emergency arises and the agent’s response sets forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent, notice must be given to all interested persons, the alleged incapacitated person, and the alleged incapacitated person’s attorney. The court order following the hearing must set forth what powers the agent is permitted to exercise, if any, pending the outcome of the petition to determine incapacity.(4) In addition to any other remedy authorized by law, a court may award reasonable attorney fees and costs to an agent who successfully challenges the suspension of the power of attorney if the petitioner’s motion was made in bad faith.(5) The suspension of authority granted to persons other than a parent, spouse, child, or grandchild shall be as provided in s. 709.2109.History.—s. 10, ch. 2015-83.
FL Stat § 744.334 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.334 - Petition for appointment of guardian or professional guardian; contents.

744.334 Petition for appointment of guardian or professional guardian; contents.—(1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and belief, showing the name, age, residence, and post office address of the alleged incapacitated person or minor; the nature of her or his incapacity, if any; the extent of guardianship desired, either plenary or limited; the residence and post office address of the petitioner; the names and addresses of the next of kin of the alleged incapacitated person or minor, if known to the petitioner; the name of the proposed guardian and the reasons why she or he should be appointed guardian; whether the proposed guardian is a professional guardian; the relationship and previous relationship of the proposed guardian to the alleged incapacitated person or minor; any other type of guardianship under part III of this chapter or alternatives to guardianship that the alleged incapacitated person or minor has designated or is in currently or has been in previously; the reasons why a guardian advocate under s. 744.3085 or other alternatives to guardianship are insufficient to meet the needs of the alleged incapacitated person or minor; and the nature and value of property subject to the guardianship. The petition must state whether a willing and qualified guardian cannot be located. As used in this subsection, the term “alternatives to guardianship” means an advance directive as defined in s. 765.101, a durable power of attorney as provided in chapter 709, a representative payee under 42 U.S.C. s. 1007, or a trust instrument as defined in s. 736.0103.(2) If the petitioner is a professional guardian, she or he may not petition for her or his own appointment unless the petitioner is a relative of the alleged incapacitated person or minor. For purposes of this subsection, the term “relative” means an individual who would qualify to serve as a nonresident guardian under s. 744.309(2). This subsection does not apply to a public guardian appointed under s. 744.2006 who seeks appointment as a guardian of a person of limited financial means and whose compensation as guardian for such person would be paid from the Office of Public and Professional Guardians or any local government.History.—ss. 11, 26, ch. 75-222; s. 7, ch. 79-221; s. 36, ch. 89-96; s. 21, ch. 90-271; s. 8, ch. 96-354; s. 1784, ch. 97-102; s. 2, ch. 2020-35.
FL Stat § 744.3371 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.3371 - Notice of petition for appointment of guardian and hearing.

744.3371 Notice of petition for appointment of guardian and hearing.—(1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is determined to be incapacitated, the court shall hear the petition without further notice. If the petition is heard on a later date, reasonable notice of the hearing must be served on the incapacitated person, the person’s attorney, if any, any guardian then serving, the person’s next of kin, and such other interested persons as the court may direct.(2) When a petition for appointment of a guardian for a minor is filed, formal notice must be served on the minor’s parents. If the petitioner has custody of the minor and the petition alleges that, after diligent search, the parents cannot be found, the parents may be served by informal notice, delivered to their last known address or addresses. When a parent petitions for appointment as guardian for his or her minor child, no notice is necessary unless the other parent is living and does not consent to the appointment.History.—s. 22, ch. 90-271; s. 1079, ch. 97-102.
FL Stat § 744.341 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.341 - Voluntary guardianship.

744.341 Voluntary guardianship.—(1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment. The petition shall be accompanied by a certificate of a licensed physician specifying that he or she has examined the petitioner and that the petitioner is competent to understand the nature of the guardianship and his or her delegation of authority. Notice of hearing on any petition for appointment and for authority to act shall be given to the petitioner and to any person to whom the petitioner requests that notice be given. Such request may be made in the petition for appointment of guardian or in a subsequent written request for notice signed by the petitioner.(2) If requested in the petition for appointment of a guardian brought under this section, the court may direct the guardian to take possession of less than all of the ward’s property and of the rents, income, issues, and profits from it. In such case, the court shall specify in its order the property to be included in the guardianship estate, and the duties and responsibilities of the guardian appointed under this section will extend only to such property.(3) Unless the voluntary guardianship is limited pursuant to subsection (2), any guardian appointed under this section has the same duties and responsibilities as are provided by law for plenary guardians of the property, generally.(4) A guardian must include in the annual report filed with the court a certificate from a licensed physician who examined the ward not more than 90 days before the annual report is filed with the court. The certificate must certify that the ward is competent to understand the nature of the guardianship and of the ward’s authority to delegate powers to the voluntary guardian.(5) A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated. A copy of the notice must be served on all interested persons.History.—ss. 11, 26, ch. 75-222; s. 9, ch. 79-221; s. 4, ch. 84-31; s. 38, ch. 89-96; s. 23, ch. 90-271; s. 1080, ch. 97-102; s. 12, ch. 2006-178.
FL Stat § 744.342 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.342 - Minors; guardianship.

744.342 Minors; guardianship.—Upon petition, the court may appoint a guardian for a minor without appointing an examining committee or conducting an adjudicatory hearing pursuant to s. 744.331.History.—s. 71, ch. 90-271.
FL Stat § 744.345 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.345 - Letters of guardianship.

744.345 Letters of guardianship.—Letters of guardianship shall be issued to the guardian and shall specify whether the guardianship pertains to the person, or the property, or both, of the ward. The letters must state whether the guardianship is plenary or limited, and, if limited, the letters must state the powers and duties of the guardian. The letters shall state whether or not and to what extent the guardian is authorized to act on behalf of the ward with regard to any advance directive previously executed by the ward.History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 28, ch. 89-96; s. 25, ch. 90-271; s. 7, ch. 92-199; s. 2, ch. 94-183; s. 13, ch. 2015-83.Note.—Created from former s. 744.40; former s. 744.313.
FL Stat § 744.347 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.347 - Oath of guardian.

744.347 Oath of guardian.—Before exercising his or her authority as guardian, every guardian shall take an oath that he or she will faithfully perform his or her duties as guardian. This oath is not jurisdictional.History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 40, ch. 89-96; s. 1082, ch. 97-102.Note.—Created from former s. 744.36.
FL Stat § 744.351 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.351 - Bond of guardian.

744.351 Bond of guardian.—(1) Before exercising his or her authority as guardian, every person appointed a guardian of the property of a ward in this state shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk. The bond shall be payable to the Governor of the state and the Governor’s successors in office, conditioned on the faithful performance of all duties by the guardian. In form the bond shall be joint and several. When the petitioner or guardian presents compelling reasons, the court may waive a bond or require the use of a designated financial institution as defined in s. 655.005(1).(2) When the sureties on a bond are natural persons, the guardian shall be required to file with the annual guardianship report proof satisfactory to the court that the sureties are alive and solvent.(3) The penal sum of a guardian’s bond shall be fixed by the court, and it must be in an amount not less than the full amount of the cash on hand and on deposit belonging to the ward and subject to the control of the guardian, plus the value of the notes and bonds owned by the ward that are payable to bearer, and plus the value of all other intangible personal property, in whatever form, owned by the ward which has a market value which readily can be fixed and which intangible personal property readily can be traded for cash or its equivalent.(4) For good cause, the court may require, or increase or reduce the amount of, bond or change or release the surety.(5) Financial institutions as defined in s. 744.309(4), other than a trust company operating under chapter 662 which is not a licensed family trust company or foreign licensed family trust company, and public guardians authorized by law to be guardians are not required to file bonds.(6) When it is expedient in the judgment of any court having jurisdiction of any guardianship property, because the size of the bond required of the guardian is burdensome, or for other cause, the court may order, in lieu of a bond or in addition to a lesser bond, that the guardian place all or part of the property of the ward in a designated financial institution under the same conditions and limitations as are contained in s. 69.031. A designated financial institution shall also include a dealer, as defined in s. 517.021(6), if the dealer is a member of the Security Investment Protection Corporation and is doing business in the state.History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 78-342; s. 2, ch. 86-120; s. 41, ch. 89-96; s. 26, ch. 90-271; s. 30, ch. 95-401; s. 9, ch. 96-354; s. 1785, ch. 97-102; s. 39, ch. 2014-97.Note.—Created from former s. 744.38.
FL Stat § 744.354 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.354 - Validity of bond.

744.354 Validity of bond.—No bond executed by any guardian shall be invalid because of an informality in it or because of an informality or illegality in the appointment of the guardian. The bond shall have the same force and effect as if the bond had been executed in proper form and the appointment had been legally made.History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 42, ch. 89-96.Note.—Created from former s. 744.42.
FL Stat § 744.357 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.357 - Liability of surety.

744.357 Liability of surety.—No surety for a guardian shall be charged beyond the property of the ward.History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 43, ch. 89-96; s. 27, ch. 90-271.Note.—Created from former s. 744.43.
FL Stat § 744.358 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.358 - Liability of a guardian.

744.358 Liability of a guardian.—(1) A guardian is not liable, solely because of the guardianship, for the debts, contracts, or torts of her or his ward.(2) In dealing with the ward’s property, a guardian is subject to the standards set forth in s. 518.11.History.—s. 44, ch. 89-96; s. 28, ch. 90-271; s. 1083, ch. 97-102.
FL Stat § 744.359 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part V - Adjudication of Incapacity and Appointment of Guardians (Ss. 744.3201-744.359)|744.359 - Abuse, neglect, or exploitation by a guardian.

744.359 Abuse, neglect, or exploitation by a guardian.—(1) A guardian may not abuse, neglect, or exploit a ward.(2) A guardian has committed exploitation when the guardian:(a) Commits fraud in obtaining appointment as a guardian;(b) Abuses his or her powers; or(c) Wastes, embezzles, or intentionally mismanages the assets of the ward.(3) A person who believes that a guardian is abusing, neglecting, or exploiting a ward shall report the incident to the central abuse hotline of the Department of Children and Families.(4) This section shall be interpreted in conformity with s. 825.103.History.—s. 14, ch. 2015-83.
FL Stat § 744.362 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.362 - Initial guardianship report.

744.362 Initial guardianship report.—(1) Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of the person must consist of an initial guardianship plan. The initial report shall be served on the ward, unless the ward is a minor under the age of 14 years or is totally incapacitated, and the attorney for the ward. Either the ward or the ward’s attorney may request a hearing concerning the adequacy of the report.(2) Review of the initial guardianship report and representation of the ward during an objection thereto, if any, shall be the appointed attorney’s final official action on behalf of the ward. Thereafter, the court-appointed attorney is no longer obligated to represent the ward.History.—s. 46, ch. 89-96; s. 30, ch. 90-271; s. 24, ch. 92-200; s. 23, ch. 95-401; s. 1085, ch. 97-102.
FL Stat § 744.363 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.363 - Initial guardianship plan.

744.363 Initial guardianship plan.—(1) The initial guardianship plan shall include all of the following:(a) The provision of medical, mental, or personal care services for the welfare of the ward.(b) The provision of social and personal services for the welfare of the ward.(c) The place and kind of residential setting best suited for the needs of the ward.(d) The application of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward.(e) Any physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs.(f) A list of any preexisting orders not to resuscitate executed under s. 401.45(3) or preexisting advance directives, as defined in s. 765.101, the date an order or directive was signed, whether such order or directive has been suspended by the court, and a description of the steps taken to identify and locate the preexisting order not to resuscitate or advance directive.(2) The initial guardianship plan for an incapacitated person must be based on the recommendations of the examining committee’s examination, as incorporated into the order determining incapacity.(3) Unless the ward has been found to be totally incapacitated or is a minor under the age of 14 years, the initial guardianship plan must contain an attestation that the guardian has consulted with the ward and, to the extent reasonable, has honored the ward’s wishes consistent with the rights retained by the ward under the plan. To the maximum extent reasonable, the plan must be in accordance with the wishes of the ward.(4) The guardianship plan may not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or others from serious physical injury, illness, or disease and to provide the ward with medical care and mental health treatment for the ward’s physical and mental health.(5) An initial guardianship plan continues in effect until it is amended or replaced by the approval of an annual guardianship plan, until the restoration of capacity or death of the ward, or until the ward, if a minor, reaches the age of 18 years. If there are significant changes in the capacity of the ward to meet the essential requirements for his or her health or safety, the guardian may file a petition to modify the guardianship plan and shall serve notice on all persons who received notice of the plan. At the hearing on such petition, the court may modify the guardianship plan and specify the effective date of such amendment.(6) In exercising his or her powers, the guardian shall recognize any rights retained by the ward.History.—s. 47, ch. 89-96; s. 31, ch. 90-271; s. 1086, ch. 97-102; s. 3, ch. 2020-35.
FL Stat § 744.3679 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.3679 - Simplified accounting procedures in certain cases.

744.3679 Simplified accounting procedures in certain cases.—(1) In a guardianship of property, when all property of the estate is in designated depositories under s. 69.031 and the only transactions that occur in that account are interest accrual, deposits from a settlement, or financial institution service charges, the guardian may elect to file an accounting consisting of:(a) The original or a certified copy of the year-end statement of the ward’s account from the financial institution; and(b) A statement by the guardian under penalty of perjury that the guardian has custody and control of the ward’s property as shown in the year-end statement.(2) The accounting allowed by subsection (1) is in lieu of the accounting and auditing procedures under s. 744.3678(2). However, any interested party may seek judicial review as provided in s. 744.3685.(3) The guardian need not be represented by an attorney in order to file the annual accounting allowed by subsection (1).History.—s. 1, ch. 93-102; s. 18, ch. 2006-178; s. 44, ch. 2021-183.
FL Stat § 744.3685 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part VI - Powers and Duties (Ss. 744.361-744.462)|744.3685 - Order requiring guardianship report; contempt.

744.3685 Order requiring guardianship report; contempt.—(1) If a guardian fails to file the guardianship report, the court shall order the guardian to file the report within 15 days after the service of the order upon her or him or show cause why she or he may not be compelled to do so.(2) If a guardian fails to comply with the submission of records and documents requested by the clerk during the audit, upon a showing of good cause by affidavit of the clerk which shows the reasons the records must be produced, the court may order the guardian to produce the records and documents within a period specified by the court unless the guardian shows good cause as to why the guardian may not be compelled to do so before the deadline specified by the court. The affidavit of the clerk shall be served with the order.(3) A copy of an order entered pursuant to subsection (1) or subsection (2) shall be served on the guardian or on the guardian’s resident agent. If the guardian fails to comply with the order within the time specified by the order without good cause, the court may cite the guardian for contempt of court and may fine her or him. The fine may not be paid out of the ward’s property.History.—s. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 70, ch. 89-96; s. 37, ch. 90-271; s. 1090, ch. 97-102; s. 4, ch. 2014-124.Note.—Created from former s. 745.29; former s. 744.431.