eLaws of Florida

  SECTION 744.474. Reasons for removal of guardian.  


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  • 1A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:
    26(1) 27Fraud in obtaining her or his appointment.
    34(2) 35Failure to discharge her or his duties.
    42(3) 43Abuse of her or his powers.
    49(4) 50An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.
    68(5) 69Failure to comply with any order of the court.
    78(6) 79Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward’s assets when so required.
    103(7) 104The wasting, embezzlement, or other mismanagement of the ward’s property.
    114(8) 115Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 143744.351 144that the sureties on her or his bond are alive and solvent.
    156(9) 157Conviction of a felony.
    161(10) 162Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.
    175(11) 176Development of a conflict of interest between the ward and the guardian.
    188(12) 189Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 212435.04 213or similar statute of another jurisdiction.
    219(13) 220A material failure to comply with the guardianship report by the guardian.
    232(14) 233A failure to comply with the rules for timely filing the initial and annual guardianship reports.
    249(15) 250A failure to fulfill the guardianship education requirements.
    258(16) 259The improper management of the ward’s assets.
    266(17) 267A material change in the ward’s financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.
    300(18) 301After appointment, the guardian becomes a disqualified person as set forth in s. 314744.309(3)315.
    316(19) 317Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 356744.309(2) 357and 358744.312(2) 359and who has not previously been rejected by the court as a guardian that the current guardian is not a family member and subsection (20) applies.
    385(20) 386Upon a showing that removal of the current guardian is in the best interest of the ward. In determining whether a guardian who is related by blood or marriage to the ward is to be removed, there shall be a rebuttable presumption that the guardian is acting in the best interests of the ward.
    440(21) 441A bad faith failure to submit guardianship records during the audit pursuant to s. 455744.368456.
History.-s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 84, ch. 89-96; s. 138, ch. 95-418; s. 13, ch. 96-354; s. 1788, ch. 97-102; s. 283, ch. 99-8; s. 2, ch. 99-277; s. 111, ch. 2000-349; s. 32, ch. 2004-267; s. 23, ch. 2006-178; s. 54, ch. 2010-114; s. 5, ch. 2014-124.

Note

Note.-Created from former s. 746.03.

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