Title XLIII, Domestic Relations

When verification of a document is required in this chapter or by rule, the document filed shall include an oath or affirmation or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my know…

In all guardianship proceedings, costs may be awarded. When the costs are to be paid out of the property of the ward, the court may direct from what part of the property the costs shall be paid.History.—s. 1, ch. 74-106; s. 8, ch. 89-96; s. 3, ch. 90-271.Note.—Created from former…

The requirements for notice under this chapter are those provided for in the Florida Probate Rules except as provided in s. 744.331(1).History.—s. 4, ch. 75-222; s. 9, ch. 89-96; s. 65, ch. 95-211.

(1) The court may, upon inquiry from any interested person or upon its own motion in any proceeding over which it has jurisdiction, appoint a monitor. The court shall not appoint as a monitor a family member or any person with a personal interest in the proceedings. The order of …

(1)(a) A court, upon inquiry from any interested person or upon its own motion, in any proceeding over which the court has jurisdiction, may appoint a court monitor on an emergency basis without notice. The court must specifically find that there appears to be imminent danger tha…

(1)(a) The order of any court appointing a court monitor pursuant to s. 744.107 or an emergency court monitor pursuant to s. 744.1075 is exempt from s. 24(a), Art. I of the State Constitution.(b) The reports of an appointed court monitor or emergency court monitor relating to the…

(1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.(2) When fees for a guardian or an attorney are submitted…

(1) All hearings on appointment of a guardian; adjudication of incapacity; modification, termination, or revocation of the adjudication of incapacity; or restoration of capacity must be electronically or stenographically recorded.(2) If an appeal is taken from any of these procee…

At any hearing under this chapter, the alleged incapacitated person or the adjudicated ward has the right to:(1) Remain silent and refuse to testify at the hearing. The person may not be held in contempt of court or otherwise penalized for refusing to testify. Refusal to testify …

The domicile of a resident ward is the county where the ward resides.History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 14, ch. 89-96; s. 5, ch. 2016-40.Note.—Created from former s. 744.10; former s. 744.201.

(1) The venue in proceedings for declaration of incapacity shall be where the alleged incapacitated person resides or is found. The provisions of this section do not apply to veterans.(2) The venue in proceedings for the appointment of a guardian shall be:(a) If the incapacitated…

(1) PRIOR COURT APPROVAL REQUIRED.—A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this sta…

There is created the Office of Public and Professional Guardians within the Department of Elderly Affairs.(1) The Secretary of Elderly Affairs shall appoint the executive director, who shall be the head of the Office of Public and Professional Guardians. The executive director mu…

(1) A professional guardian must register with the Office of Public and Professional Guardians established in part II of this chapter.(2) Annual registration shall be made on forms furnished by the Office of Public and Professional Guardians and accompanied by the applicable regi…

(1) The provisions of this section are in addition to and supplemental to any other provision of the Florida Guardianship Law, except s. 744.3145.(2) Each professional guardian who files a petition for appointment after October 1, 1997, shall post a blanket fiduciary bond with th…

(1) The Office of Public and Professional Guardians shall establish procedures to:(a) Review and, if determined legally sufficient, initiate an investigation within 10 business days after receipt of any complaint that a professional guardian has violated the standards of practice…

(1) The following acts by a professional guardian shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of guardianship.(b) Violating any r…

(1) The court may hear testimony on the question of who is entitled to preference in the appointment of a guardian. Any interested person may intervene in the proceedings.(2) The order appointing a guardian must state the nature of the guardianship as either plenary or limited. I…

(1) The executive director of the Office of Public and Professional Guardians, after consultation with the chief judge and other circuit judges within the judicial circuit and with appropriate advocacy groups and individuals and organizations who are knowledgeable about the needs…

(1) A public guardian may serve as a guardian of a person adjudicated incapacitated under this chapter if there is no family member or friend, other person, bank, or corporation willing and qualified to serve as guardian.(2) The public guardian shall be vested with all the powers…

(1) All costs of administration shall be paid from the budget of the office of public guardian. No costs of administration, including filing fees, shall be recovered from the assets or the income of the ward.(2) In any proceeding for appointment of a public guardian, or in any pr…

Each public guardian, whether funded in whole or in part by money raised through local efforts, grants, or any other source or whether funded in whole or in part by the state, shall prepare a budget for the operation of the office of public guardian to be submitted to the Office …

The public guardian, subject to the oversight of the Office of Public and Professional Guardians, is authorized to:(1) Formulate and adopt necessary procedures to assure the efficient conduct of the affairs of the ward and general administration of the office and staff.(2) Contra…

Upon taking office, a public guardian 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 and the Governor’s successors in office, in the penal sum of not less than $5,000 nor more than $25,000, condition…

(1) The public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian.(2) No report or disclosure of the ward’s personal and medical records shall be made, except as authorized by law…

(1) For purposes of this section, the term:(a) “Agency” has the same meaning as provided in s. 119.011.(b) “Employee with fiduciary responsibility” means an employee of a public guardian who has the ability to direct any transactions of a ward’s funds, assets, or property; who, u…

(1) Notwithstanding any other provision of law to the contrary, any medical, financial, or mental health records held by an agency, or the court and its agencies, or financial audits prepared by the clerk of the court pursuant to s. 744.368 and held by the court, which are necess…

(1) DEFINITION.—As used in this section, the term “direct-support organization” means an organization whose sole purpose is to support the Office of Public and Professional Guardians and is:(a) A not-for-profit corporation incorporated under chapter 617 and approved by the Depart…

The Legislature establishes the Joining Forces for Public Guardianship matching grant program for the purpose of assisting counties to establish and fund community-supported public guardianship programs. The Joining Forces for Public Guardianship matching grant program shall be e…

The Office of Public and Professional Guardians shall administer the grant program. The office shall:(1) Publicize the availability of grant funds to entities that may be eligible for the funds.(2) Establish an application process for submitting a grant proposal.(3) Request, rece…

(1) Any person or organization that has not been awarded a grant must meet all of the following conditions to be eligible to receive a grant:(a) The applicant must meet or directly employ staff that meet the minimum qualifications for a public guardian under this chapter.(b) The …

Grant applications must be submitted to the Office of Public and Professional Guardians for review and approval.(1) A grant application must contain:(a) The specific amount of funds being requested.(b) The proposed annual budget for the office of public guardian for which the app…

(1) A complaint and any information held by the Department of Elderly Affairs as part of the investigative process are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. An investig…

(1) The Florida Clerks of Court Operations Corporation and the clerks of court shall establish a statewide database of guardian and guardianship case information to facilitate improving court oversight of guardianship cases. The database may not be operational for end users until…

(1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parents’ parental rights have been terminated pursuant to chapter 39. If a child is the subject of any proceeding under chapter 39, the parents may a…

(1) Except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian a…

(1)(a) The court may appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s portion of the claim in a case in which a minor has a claim for personal injury, property damage, wrongful death, or other cause of action in which the …

(1) A court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed pursuant to this chapter, may appoint an emergency temporary guardian for the person or property, or both, of an alleged incapacitated person. The court must specif…

(1) Upon a petition by the natural guardians or a guardian appointed under s. 744.3021, the 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 t…

(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in…

(1) Both parents, natural or adoptive, if living, or the surviving parent, may nominate a preneed guardian of the person or property or both of the parent’s minor child by making a written declaration that names such guardian to serve if the minor’s last surviving parent becomes …

(1) When the residence of a ward of a foreign guardian is moved to this state, the guardian shall, within 60 days after such change of residence, file the authenticated order of her or his appointment with the clerk of the court in the county where the ward resides. Such order sh…

(1) A guardian of the property of a nonresident ward, duly appointed by a court of another state, territory, or country, who desires to manage any part or all of the property of the ward located in this state, may file a petition showing his or her appointment, describing the pro…

(1) The court may appoint a person qualified under s. 744.309 as guardian of a nonresident ward’s property upon the petition of a foreign guardian, next of kin, or creditor of the ward, regardless of whether he or she has a foreign guardian or not.(2) The petition for the appoint…

A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities if the person lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person, property, or estate, or if the pers…

(1) RESIDENT.—(a) Any resident of this state who is sui juris and is 18 years of age or older is qualified to act as guardian of a ward.(b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoptio…