Florida Statutes (Last Updated: April 21, 2021) |
TITLE XLIII. DOMESTIC RELATIONS |
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. |