Title XLIII, Domestic Relations

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…

In each proceeding in which a guardian is appointed under this chapter, the court shall determine whether the ward, prior to incapacity, has executed any valid advance directive under chapter 765.(1) For purposes of this section, the term “health care decision” has the same meani…

(1) If the person designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward.(2) If a guardian cannot be appointed…

(1) Every prospective guardian must complete an application for appointment as guardian. The application must list the person’s qualifications to serve as a guardian.(2) A person may not be appointed a guardian unless the person discloses in the application form the names of all …

(1) The court shall require all guardians who are seeking appointment by the court, other than a corporate guardian as described in s. 744.309(4), and all employees of a professional guardian, other than a corporate guardian as described in s. 744.309(4), who have a fiduciary res…

(1) Each ward is entitled to a guardian competent to perform the duties of a guardian necessary to protect the interests of the ward.(2) Each person appointed by the court to be a guardian, other than a parent who is the guardian of the property of a minor child, must receive a m…

(1) A petition to determine incapacity of a person may be executed by an adult person.(2) The petition must be verified and must:(a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person;(b) State the name, age,…

(1) At any time during proceedings to determine incapacity but before the entry of an order determining incapacity, the authority granted under an alleged incapacitated person’s power of attorney to a parent, spouse, child, or grandchild is suspended when the petitioner files a m…

(1) A person who has been determined to be incapacitated retains the right:(a) To have an annual review of the guardianship report and plan.(b) To have continuing review of the need for restriction of his or her rights.(c) To be restored to capacity at the earliest possible time.…

(1) NOTICE OF PETITION TO DETERMINE INCAPACITY.—Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person. The notice and copies of …

(1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and belief, showing the name, age, residence, and post office address of the alleged incapacitated person or minor; the nat…

(1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is determined to be incapacitated, the court shall hear the petition without further notice. If the petition is heard on a later date, r…

(1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has…