eLaws of Florida

 

  CHAPTER 744. GUARDIANSHIP  


PART I. GENERAL PROVISIONS
SECTION 744.101. Short title.
SECTION 744.1012. Legislative intent.
SECTION 744.102. Definitions.
SECTION 744.1025. Additional definitions.
SECTION 744.104. Verification of documents.
SECTION 744.105. Costs.
SECTION 744.106. Notice.
SECTION 744.107. Court monitors.
SECTION 744.1075. Emergency court monitor.
SECTION 744.1076. Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions.
SECTION 744.108. Guardian and attorney fees and expenses.
SECTION 744.109. Records.
SECTION 744.1095. Hearings.
SECTION 744.1096. Domicile of ward.
SECTION 744.1097. Venue.
SECTION 744.1098. Change of ward’s residence.
PART II. PUBLIC AND PROFESSIONAL GUARDIANS
SECTION 744.2001. Office of Public and Professional Guardians.
SECTION 744.2002. Professional guardian registration.
SECTION 744.2003. Regulation of professional guardians; application; bond required; educational requirements.
SECTION 744.2004. Complaints; disciplinary proceedings; penalties; enforcement.
SECTION 744.20041. Grounds for discipline; penalties; enforcement.
SECTION 744.2005. Order of appointment.
SECTION 744.2006. Office of Public and Professional Guardians; appointment, notification.
SECTION 744.2007. Powers and duties.
SECTION 744.2008. Costs of public guardian.
SECTION 744.2009. Preparation of budget.
SECTION 744.2101. Procedures and rules.
SECTION 744.2102. Surety bond.
SECTION 744.2103. Reports and standards.
SECTION 744.21031. Public records exemption.
SECTION 744.2104. Access to records by the Office of Public and Professional Guardians; confidentiality.
SECTION 744.2105. Direct-support organization; definition; use of property; board of directors; audit; dissolution.
SECTION 744.2106. Joining Forces for Public Guardianship grant program; purpose.
SECTION 744.2107. Program administration; duties of the Office of Public and Professional Guardians.
SECTION 744.2108. Eligibility.
SECTION 744.2109. Grant application requirements; review criteria; awards process.
SECTION 744.2111. Confidentiality.
PART III. TYPES OF GUARDIANSHIP
SECTION 744.301. Natural guardians.
SECTION 744.3021. Guardians of minors.
SECTION 744.3025. Claims of minors.
SECTION 744.3031. Emergency temporary guardianship.
SECTION 744.304. Standby guardianship.
SECTION 744.3045. Preneed guardian.
SECTION 744.3046. Preneed guardian for minor.
SECTION 744.306. Foreign guardians.
SECTION 744.307. Foreign guardian may manage the property of nonresident ward.
SECTION 744.308. Resident guardian of the property of nonresident ward.
SECTION 744.3085. Guardian advocates.
PART IV. GUARDIANS
SECTION 744.309. Who may be appointed guardian of a resident ward.
SECTION 744.3115. Advance directives for health care.
SECTION 744.312. Considerations in appointment of guardian.
SECTION 744.3125. Application for appointment.
SECTION 744.3135. Credit and criminal investigation.
SECTION 744.3145. Guardian education requirements.
PART V. ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS
SECTION 744.3201. Petition to determine incapacity.
SECTION 744.3203. Suspension of power of attorney before incapacity determination.
SECTION 744.3215. Rights of persons determined incapacitated.
SECTION 744.331. Procedures to determine incapacity.
SECTION 744.334. Petition for appointment of guardian or professional guardian; contents.
SECTION 744.3371. Notice of petition for appointment of guardian and hearing.
SECTION 744.341. Voluntary guardianship.
SECTION 744.342. Minors; guardianship.
SECTION 744.345. Letters of guardianship.
SECTION 744.347. Oath of guardian.
SECTION 744.351. Bond of guardian.
SECTION 744.354. Validity of bond.
SECTION 744.357. Liability of surety.
SECTION 744.358. Liability of a guardian.
SECTION 744.359. Abuse, neglect, or exploitation by a guardian.
PART VI. POWERS AND DUTIES
SECTION 744.361. Powers and duties of guardian.
SECTION 744.362. Initial guardianship report.
SECTION 744.363. Initial guardianship plan.
SECTION 744.365. Verified inventory.
SECTION 744.367. Duty to file annual guardianship report.
SECTION 744.3675. Annual guardianship plan.
SECTION 744.3678. Annual accounting.
SECTION 744.3679. Simplified accounting procedures in certain cases.
SECTION 744.368. Responsibilities of the clerk of the circuit court.
SECTION 744.3685. Order requiring guardianship report; contempt.
SECTION 744.369. Judicial review of guardianship reports.
SECTION 744.3701. Confidentiality.
SECTION 744.371. Relief to be granted.
SECTION 744.3715. Petition for interim judicial review.
SECTION 744.372. Judicial review of guardianships.
SECTION 744.3725. Procedure for extraordinary authority.
SECTION 744.373. Production of property.
SECTION 744.3735. Annual appearance of the guardian.
SECTION 744.374. Payments to guardian.
SECTION 744.381. Appraisals.
SECTION 744.384. Subsequently discovered or acquired property.
SECTION 744.387. Settlement of claims.
SECTION 744.391. Actions by and against guardian or ward.
SECTION 744.394. Suspension of statutes of limitations in favor of guardian.
SECTION 744.397. Application of income of property of ward.
SECTION 744.421. Petition for support of ward’s dependents.
SECTION 744.441. Powers of guardian upon court approval.
SECTION 744.442. Delegation of authority.
SECTION 744.444. Power of guardian without court approval.
SECTION 744.446. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.
SECTION 744.447. Petition for authorization to act.
SECTION 744.451. Order.
SECTION 744.454. Guardian forbidden to borrow or purchase; exceptions.
SECTION 744.457. Conveyance of various property rights by guardians of the property.
SECTION 744.461. Purchasers and lenders protected.
SECTION 744.462. Determination regarding alternatives to guardianship.
PART VII. TERMINATION
SECTION 744.464. Restoration to capacity.
SECTION 744.467. Resignation of guardian.
SECTION 744.471. Appointment of successor.
SECTION 744.474. Reasons for removal of guardian.
SECTION 744.477. Proceedings for removal of a guardian.
SECTION 744.511. Accounting upon removal.
SECTION 744.514. Surrender of property upon removal.
SECTION 744.517. Proceedings for contempt.
SECTION 744.521. Termination of guardianship.
SECTION 744.524. Termination of guardianship on change of domicile of resident ward.
SECTION 744.527. Final reports and application for discharge; hearing.
SECTION 744.528. Discharge of guardian named as personal representative.
SECTION 744.531. Order of discharge.
SECTION 744.534. Disposition of unclaimed funds held by guardian.
PART VIII. VETERANS' GUARDIANSHIP
SECTION 744.602. Short title; scope of part.
SECTION 744.604. Definitions.
SECTION 744.607. Secretary of Veterans Affairs as party in interest.
SECTION 744.609. Procedure for commitment of veteran to United States Department of Veterans Affairs hospital.
SECTION 744.613. Appointment of guardian for ward authorized.
SECTION 744.616. Petition for appointment of guardian.
SECTION 744.617. Notice by court of petition filed for appointment of guardian.
SECTION 744.618. Persons who may be appointed guardian.
SECTION 744.619. Bond of guardian.
SECTION 744.621. Inventory of ward’s property; guardian’s failure to file inventory; discharge; forfeiture of commissions.
SECTION 744.622. Guardian empowered to receive moneys due ward from the United States Government.
SECTION 744.624. Guardian’s application of estate funds for support and maintenance of person other than ward.
SECTION 744.625. Petition for support, or support and education, of ward’s dependents; payments of apportioned benefits prohibit contempt action against veteran.
SECTION 744.626. Exemption of benefits from claims of creditors.
SECTION 744.627. Investment of funds of estate by guardian.
SECTION 744.631. Guardian’s petition for authority to sell ward’s real estate; notice by publication; penalties.
SECTION 744.634. Guardian’s accounts, filing with court and certification to United States Department of Veterans Affairs; notice and hearing on accounts; failure to account.
SECTION 744.637. Certified copies of public records made available.
SECTION 744.638. Clerk of the circuit court; fees; duties.
SECTION 744.639. Attorney’s fee.
SECTION 744.641. Guardian’s compensation; bond premiums.
SECTION 744.643. Discharge of guardian of minor or incompetent ward.
SECTION 744.646. Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs.
SECTION 744.649. Notice of appointment of general guardian; closing of veteran’s guardianship; transfer of responsibilities and penalties to general guardian.
SECTION 744.652. Construction and application of part.
SECTION 744.653. Annual guardianship report.