reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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; s. 21, ch. 2023-205.
Note.—Created from former s. 744.38.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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)1. A list of any preexisting:
a. Orders not to resuscitate executed in accordance with s. 401.45(3) and the dates such orders were signed; or
b. Advance directives as defined in s. 765.101 and the dates such directives were signed.
2. For each item listed under subparagraph 1., the plan must state whether the order or directive has been revoked, modified, or suspended by the court.
(g) A description of the steps taken to identify and locate a 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; s. 3, ch. 2023-287.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part VI - Powers and Duties (Ss. 744.361-744.462) › 744.422 - Petition for support for a dependent adult child.

744.422 Petition for support for a dependent adult child.—Pursuant to s. 61.1255, a guardian may petition the court for the authority to bring a civil suit in circuit court to establish periodic payments from either or both parents of the dependent adult child for the support, care, maintenance, education, and any other needs of a dependent adult child if not otherwise provided for in the guardianship plan. The amount of support is determined pursuant to s. 61.31. This section may not be construed to confer any obligation or duty for a guardian to pursue support on behalf of a dependent adult child.
History.—s. 9, ch. 2023-213.
2023 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.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part VI - Powers and Duties (Ss. 744.361-744.462) › 744.446 - Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.

744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.—
(1) It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship which exists between the guardian and the ward may not be used for the private gain of the guardian other than the remuneration for fees and expenses provided by law. The guardian may not incur any obligation on behalf of the guardianship which conflicts with the proper discharge of the guardian’s duties.
(2) A guardian may not offer, pay, solicit, or receive a commission, benefit, bonus, rebate, or kickback, directly or indirectly, overtly or covertly, in cash or in kind, or engage in a split-fee arrangement in return for referring, soliciting, or engaging in a transaction for goods or services on behalf of an alleged incapacitated person or minor, or a ward, for past or future goods or services.
(3) Unless prior approval is obtained by court order, or unless such relationship existed before appointment of the guardian and is disclosed to the court in the petition for appointment of guardian, a guardian may not:
(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the ward, the judge presiding over the case, any member of the appointed examining committee, any court employee involved in the guardianship process, or the attorney for the ward;
(b) Acquire an ownership, possessory, security, or other pecuniary interest adverse to the ward;
(c) Be designated as a beneficiary on any life insurance policy, pension, or benefit plan of the ward unless such designation was validly made by the ward before adjudication of incapacity of the ward; and
(d) Directly or indirectly purchase, rent, lease, or sell any property or services from or to any business entity of which the guardian or the guardian’s spouse or any of the guardian’s lineal descendants, or collateral kindred, is an officer, partner, director, shareholder, or proprietor, or has any financial interest.
(4) Any activity prohibited by this section is voidable during the term of the guardianship or by the personal representative of the ward’s estate, and the guardian is subject to removal and to imposition of personal liability through a proceeding for surcharge, in addition to any other remedies otherwise available.
(5) In the event of a breach by the guardian of the guardian’s fiduciary duty, the court shall take those necessary actions to protect the ward and the ward’s assets.
History.—s. 75, ch. 89-96; s. 54, ch. 90-271; s. 1102, ch. 97-102; s. 6, ch. 2002-195; s. 7, ch. 2020-35.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part VI - Powers and Duties (Ss. 744.361-744.462) › 744.447 - Petition for authorization to act.

744.447 Petition for authorization to act.—
(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.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part VI - Powers and Duties (Ss. 744.361-744.462) › 744.451 - Order.

744.451 Order.—
(1) If a sale or mortgage is authorized, the order shall describe the property, and
(a) If the property is authorized for sale at private sale, the order shall fix the price and the terms of sale.
(b) If the sale is to be public, the order shall state that the sale shall be made to the highest bidder and the court reserves the right to reject all bids.
(2) An order for any other act permitted under s. 744.441 or s. 744.446 shall describe the permitted act and authorize the guardian to perform it.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 77, ch. 89-96.
Note.—Created from former s. 745.09.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part VI - Powers and Duties (Ss. 744.361-744.462) › 744.454 - Guardian forbidden to borrow or purchase; exceptions.

744.454 Guardian forbidden to borrow or purchase; exceptions.—A professional guardian may not purchase property or borrow money from his or her ward. A guardian who is not a professional guardian may do so if:
(1) A court by written order authorizes the sale or loan after a hearing to which interested persons were given notice; or
(2) The property is sold at public sale and the guardian is a spouse, parent, child, brother, or sister of the ward or a cotenant of the ward in the property to be sold.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 1, ch. 77-174; s. 78, ch. 89-96; s. 2, ch. 96-184; s. 12, ch. 96-354; s. 1787, ch. 97-102; s. 5, ch. 97-161.
Note.—Created from former s. 745.14.