reglab/housing_qa huggingface dataset:
FL Stat § 744.304 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.304 - Standby guardianship.

744.304 Standby guardianship.—(1) Upon a petition by the natural guardians or a guardian appointed under s. 744.3021, the court may appoint a standby guardian of the person or property of a minor. The court may also appoint an alternate to the guardian to act if the standby guardian does not serve or ceases to serve after appointment. Notice of a hearing on the petition must be served on the parents, natural or adoptive, and on any guardian currently serving unless the notice is waived in writing by them or waived by the court for good cause shown.(2) Upon petition of a currently serving guardian, a standby guardian of the person or property of an incapacitated person may be appointed by the court. Notice of the hearing shall be served on the ward’s next of kin.(3) The standby guardian or alternate shall be empowered to assume the duties of guardianship immediately on the death, removal, or resignation of the guardian of a minor, or on the death or adjudication of incapacity of the last surviving natural guardian of a minor, or upon the death, removal, or resignation of the guardian for an adult. The guardian of the ward’s property may not be empowered to deal with the ward’s property, other than to safeguard it, before issuance of letters of guardianship. If the ward is over the age of 18 years, the court shall conduct a hearing as provided in s. 744.331 before confirming the appointment of the standby guardian, unless the ward has previously been found to be incapacitated.(4) Within 20 days after assumption of duties as guardian, a standby guardian shall petition for confirmation of appointment. If the court finds the standby guardian to be qualified to serve as guardian under ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347, shall file a bond, and shall submit to a credit and a criminal history record check as set forth in s. 744.3135, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.(5) After the assumption of duties by a standby guardian, the court shall have jurisdiction over the guardian and the ward.History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 20, ch. 89-96; s. 11, ch. 90-271; s. 1071, ch. 97-102; s. 6, ch. 2006-178.Note.—Created from former s. 744.72.
FL Stat § 744.3045 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.3045 - Preneed guardian.

744.3045 Preneed guardian.—(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time.(3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration.(4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.History.—s. 21, ch. 89-96; s. 12, ch. 90-271.
FL Stat § 744.306 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.306 - Foreign guardians.

744.306 Foreign guardians.—(1) When the residence of a ward of a foreign guardian is moved to this state, the guardian shall, within 60 days after such change of residence, file the authenticated order of her or his appointment with the clerk of the court in the county where the ward resides. Such order shall be recognized and given full faith and credit in the courts of this state. The guardian and the ward are subject to this chapter.(2) A guardian appointed in any state, territory, or country may maintain or defend any action in this state as a representative of her or his ward.(3) Debtors who have received no written demand for payment from a guardian appointed in this state within 60 days after the appointment of a guardian, curator, conservator, or committee in any state, territory, or country other than this state, and whose property in this state is subject to a mortgage or other lien securing the debt held by the foreign guardian, curator, conservator, or committee, may pay the debt to the foreign guardian, curator, conservator, or committee after the expiration of 60 days from the date of her or his appointment. A satisfaction of the mortgage or lien, executed after the 60 days have expired by the foreign guardian, curator, conservator, or committee, with an authenticated copy of the letters or other evidence of authority of the foreign guardian, curator, conservator, or committee attached, may be recorded in the public records of this state and shall constitute an effective discharge of the mortgage or lien, irrespective of whether the debtor had received written demand before paying the debt.(4) All persons indebted to a ward, or having possession of personal property belonging to a ward, who have received no written demand for payment of the indebtedness or the delivery of the property from a guardian appointed in this state are authorized to pay the indebtedness or to deliver the personal property to the foreign guardian, curator, conservator, or committee after the expiration of the 60 days from the date of her or his appointment.History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 23, ch. 89-96; s. 1072, ch. 97-102.Note.—Created from former s. 744.15.
FL Stat § 744.307 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.307 - Foreign guardian may manage the property of nonresident ward.

744.307 Foreign guardian may manage the property of nonresident ward.—(1) A guardian of the property of a nonresident ward, duly appointed by a court of another state, territory, or country, who desires to manage any part or all of the property of the ward located in this state, may file a petition showing his or her appointment, describing the property, stating its estimated value, and showing the indebtedness, if any, existing against the ward in this state, to the best of the guardian’s knowledge and belief.(2) The guardian shall designate a resident agent as required by the Florida Probate Rules.(3) The guardian shall file authenticated copies of his or her letters of guardianship or other authority and of his or her bond or other security. The court shall determine if the foreign bond or other security is sufficient to guarantee the faithful management of the ward’s property in this state. The court may require a new guardian’s bond in this state in the amount it deems necessary and conditioned for the proper management and application of the property of the ward coming into the custody of the guardian in this state.(4) Thereafter, the guardianship shall be governed by the law concerning guardianships.History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 24, ch. 89-96; s. 67, ch. 95-211; s. 1073, ch. 97-102.Note.—Created from former s. 744.16.
FL Stat § 744.308 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.308 - Resident guardian of the property of nonresident ward.

744.308 Resident guardian of the property of nonresident ward.—(1) The court may appoint a person qualified under s. 744.309 as guardian of a nonresident ward’s property upon the petition of a foreign guardian, next of kin, or creditor of the ward, regardless of whether he or she has a foreign guardian or not.(2) The petition for the appointment of a guardian for the property of a nonresident ward shall be in writing and shall be prepared in accordance with the requirements of s. 744.334.(3) If it is alleged that the incapacity is due to mental or physical incapacity, the petition shall be accompanied by an authenticated copy of the adjudication of incapacity from the qualified authorities in the state, territory, or country where the incapacitated person is domiciled and shall state whether the incapacitated person is in the custody of any person or institution and, if so, the name and post office address of the custodian. The adjudication shall constitute prima facie proof of the incapacity.(4) If the question about the mental or physical incapacity of a nonresident is presented while the nonresident is temporarily residing in this state and he or she is not under an adjudication of incapacity made in some other state, territory, or country, the procedure for the appointment of a guardian of the nonresident’s property shall be the same as though he or she were a resident of this state.(5) When the ground for the appointment of a guardian is incapacity for which the person has been adjudicated in another state, territory, or country, notice of the hearing shall be served personally or by registered mail on the ward and the ward’s next of kin and legal custodian, if any, at least 20 days before the hearing.(6) In the appointment of the guardian, the court shall be governed by s. 744.312.(7) The duties, powers, and liabilities for the custody, control, management, and disposition of the ward’s property and removal, accounting, and discharge shall be governed by the law applicable to guardians of property of resident wards.History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 25, ch. 89-96; s. 13, ch. 90-271; s. 1074, ch. 97-102.Note.—Created from former ss. 744.18, 744.19, 744.21, 744.25, 744.26.
FL Stat § 744.3085 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part III - Types of Guardianship (Ss. 744.301-744.3085)|744.3085 - Guardian advocates.

744.3085 Guardian advocates.—A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities if the person lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person, property, or estate, or if the person has voluntarily petitioned for the appointment of a guardian advocate. Unless otherwise specified, the proceeding shall be governed by the Florida Probate Rules. In accordance with the legislative intent of this chapter, courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship.History.—s. 11, ch. 2004-260.
FL Stat § 744.3115 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part IV - Guardians (Ss. 744.309-744.3145)|744.3115 - Advance directives for health care.

744.3115 Advance directives for health care.—In each proceeding in which a guardian is appointed under this chapter, the court shall determine whether the ward, prior to incapacity, has executed any valid advance directive under chapter 765. If any advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the ward with regard to health care decisions and what authority, if any, the surrogate shall continue to exercise over the ward with regard to health care decisions. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the surrogate and any other appropriate parties, modify or revoke the authority of the surrogate to make health care decisions for the ward. Any order revoking or modifying the authority of the surrogate must be supported by specific written findings of fact. If the court order provides that the guardian is responsible for making health care decisions for the ward, the guardian shall assume the responsibilities of the surrogate which are provided in s. 765.205. For purposes of this section, the term “health care decision” has the same meaning as in s. 765.101.History.—s. 6, ch. 92-199; s. 1, ch. 94-183; s. 7, ch. 2006-178; s. 8, ch. 2015-83.
FL Stat § 744.312 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part IV - Guardians (Ss. 744.309-744.3145)|744.312 - Considerations in appointment of guardian.

744.312 Considerations in appointment of guardian.—(1) If the person designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward.(2) If a guardian cannot be appointed under subsection (1), the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not. The court shall give preference to the appointment of a person who:(a) Is related by blood or marriage to the ward;(b) Has educational, professional, or business experience relevant to the nature of the services sought to be provided;(c) Has the capacity to manage the financial resources involved; or(d) Has the ability to meet the requirements of the law and the unique needs of the individual case.(3) The court shall also:(a) Consider the wishes expressed by an incapacitated person as to who shall be appointed guardian.(b) Consider the preference of a minor who is age 14 or over as to who should be appointed guardian.(c) Consider any person designated as guardian in any will in which the ward is a beneficiary.(d) Consider the wishes of the ward’s next of kin, when the ward cannot express a preference.(e) Inquire into and consider potential disqualifications under s. 744.309 and potential conflicts of interest under s. 744.446.(4) Except when a standby guardian or a preneed guardian is appointed by the court:(a) In each case when a court appoints a professional guardian and does not use a rotation system for such appointment, the court must make specific findings of fact stating why the person was selected as guardian in the particular matter involved. The findings must reference each of the factors listed in subsections (2) and (3).(b) An emergency temporary guardian who is a professional guardian may not be appointed as the permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person or the ward requests that the professional guardian be appointed as permanent guardian. The court may waive the limitations of this paragraph if the special requirements of the guardianship demand that the court appoint a guardian because he or she has special talent or specific prior experience. The court must make specific findings of fact that justify waiving the limitations of this paragraph.(5) The court may not give preference to the appointment of a person under subsection (2) based solely on the fact that such person was appointed by the court to serve as an emergency temporary guardian.History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 1, ch. 77-174; s. 5, ch. 79-221; s. 27, ch. 89-96; s. 15, ch. 90-271; s. 9, ch. 2015-83; s. 1, ch. 2020-35.Note.—Created from former s. 744.35.
FL Stat § 744.3125 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part IV - Guardians (Ss. 744.309-744.3145)|744.3125 - Application for appointment.

744.3125 Application for appointment.—(1) Every prospective guardian must complete an application for appointment as guardian. The application must list the person’s qualifications to serve as a guardian.(2) A person may not be appointed a guardian unless the person discloses in the application form the names of all wards for whom the person is currently acting as a guardian. The application must identify each ward by court file number and circuit court in which the case is pending and must state whether the person is acting as the limited or plenary guardian of the person or property or both.(3) This section does not apply to corporate guardians other than nonprofit corporate guardians or to public guardians.(4) Nonprofit corporate guardians must file quarterly with the clerk of court disclosure statements that contain the information required under subsections (1) and (2), rather than filing a guardianship application with each petition to be appointed guardian.History.—s. 29, ch. 89-96; s. 16, ch. 90-271; s. 1075, ch. 97-102.
FL Stat § 744.3145 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part IV - Guardians (Ss. 744.309-744.3145)|744.3145 - Guardian education requirements.

744.3145 Guardian education requirements.—(1) Each ward is entitled to a guardian competent to perform the duties of a guardian necessary to protect the interests of the ward.(2) Each person appointed by the court to be a guardian, other than a parent who is the guardian of the property of a minor child, must receive a minimum of 8 hours of instruction and training which covers:(a) The legal duties and responsibilities of the guardian;(b) The rights of the ward;(c) The availability of local resources to aid the ward; and(d) The preparation of habilitation plans and annual guardianship reports, including financial accounting for the ward’s property.(3) Each person appointed by the court to be the guardian of the property of his or her minor child must receive a minimum of 4 hours of instruction and training that covers:(a) The legal duties and responsibilities of the guardian of the property;(b) The preparation of the initial inventory and annual guardianship accountings for the ward’s property; and(c) Use of guardianship assets.(4) Each person appointed by the court to be a guardian must complete the required number of hours of instruction and education within 4 months after his or her appointment as guardian. The instruction and education must be completed through a course approved by the chief judge of the circuit court and taught by a court-approved organization. Court-approved organizations may include, but are not limited to, community or junior colleges, guardianship organizations, and the local bar association or The Florida Bar.(5) Expenses incurred by the guardian to satisfy the education requirement may be paid from the ward’s estate, unless the court directs that such expenses be paid by the guardian individually.(6) The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. The court shall make its decision on a case-by-case basis and, in making its decision, shall consider the experience and education of the guardian, the duties assigned to the guardian, and the needs of the ward.(7) The provisions of this section do not apply to professional guardians.History.—s. 31, ch. 89-96; s. 17, ch. 90-271; s. 1077, ch. 97-102; s. 3, ch. 97-161; s. 11, ch. 2003-57; s. 9, ch. 2006-178.
FL Stat § 744.3201 (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)|744.3201 - Petition to determine incapacity.

744.3201 Petition to determine incapacity.—(1) A petition to determine incapacity of a person may be executed by an adult person.(2) The petition must be verified and must:(a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person;(b) State the name, age, county of residence, and present address of the alleged incapacitated person;(c) Specify the primary language spoken by the alleged incapacitated person, if known;(d) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations;(e) State the name and address of the alleged incapacitated person’s attending or family physician, if known;(f) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and(g) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.(3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.History.—s. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102.