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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLIII. DOMESTIC RELATIONS |
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CHAPTER 744. GUARDIANSHIP |
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PART III. TYPES OF GUARDIANSHIP |
Latest version.
- 1(1) 2Upon a petition by the natural guardians or a guardian appointed under s. 15744.3021, 16the 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.96(2) 97Upon 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.135(3) 136The 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. 240744.331 241before confirming the appointment of the standby guardian, unless the ward has previously been found to be incapacitated.259(4) 260Within 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. 294744.309 295and 296744.312, 297appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 316744.347, 317shall file a bond, and shall submit to a credit and a criminal history record check as set forth in s. 338744.3135, 339if required. Letters of guardianship must then be issued in the manner provided in s. 354744.345355.356(5) 357After 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
Note.-Created from former s. 744.72.
