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Florida Statutes, Title XLIII

Florida/Statutes

← All Florida coverage

Title XLIII, Domestic Relations

8 chapters · 265 sections in this title.

All chapters in Title XLIII265 Ch 744, Guardianship148 Ch 741, Marriage; Domestic Violence48 Ch 742, Determination of Parentage22 Ch 743, Disability of Nonage of Minors Removed18 Ch 747, Conservatorship13 Ch 751, Temporary Custody of Minor Children …6 Ch 752, Grandparental Visitation Rights5 Ch 753, Supervised Visitation5

265 sections·Filtered byTitle XLIII✕

Fla. Stat. § 744.342 Minors; guardianship
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Upon petition, the court may appoint a guardian for a minor without appointing an examining committee or conducting an adjudicatory hearing pursuant to s. 744.331.History.—s. 71, ch. 90-271.
Fla. Stat. § 744.345 Letters of guardianship
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Letters of guardianship shall be issued to the guardian and shall specify whether the guardianship pertains to the person, or the property, or both, of the ward. The letters must state whether the guardianship is plenary or limited, and, if limited, the letters must state the pow…
Fla. Stat. § 744.347 Oath of guardian
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Before exercising his or her authority as guardian, every guardian shall take an oath that he or she will faithfully perform his or her duties as guardian. This oath is not jurisdictional.History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 40, ch. 89-96; s. 1082, ch. 97-102.Not…
Fla. Stat. § 744.351 Bond of guardian
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(1) Before exercising his or her authority as guardian, every person appointed a guardian of the property of a ward in this state 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 of the state and the G…

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Fla. Stat. § 744.354 Validity of bond

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No bond executed by any guardian shall be invalid because of an informality in it or because of an informality or illegality in the appointment of the guardian. The bond shall have the same force and effect as if the bond had been executed in proper form and the appointment had b…

Fla. Stat. § 744.357 Liability of surety

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No surety for a guardian shall be charged beyond the property of the ward.History.—s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 43, ch. 89-96; s. 27, ch. 90-271.Note.—Created from former s. 744.43.

Fla. Stat. § 744.358 Liability of a guardian

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(1) A guardian is not liable, solely because of the guardianship, for the debts, contracts, or torts of her or his ward.(2) In dealing with the ward’s property, a guardian is subject to the standards set forth in s. 518.11.History.—s. 44, ch. 89-96; s. 28, ch. 90-271; s. 1083, ch…

Fla. Stat. § 744.359 Abuse, neglect, or exploitation by a guardian

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(1) A guardian may not abuse, neglect, or exploit a ward.(2) A guardian has committed exploitation when the guardian:(a) Commits fraud in obtaining appointment as a guardian;(b) Abuses his or her powers; or(c) Wastes, embezzles, or intentionally mismanages the assets of the ward.…

Fla. Stat. § 744.361 Powers and duties of guardian

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(1) The guardian of an incapacitated person is a fiduciary and may exercise only those rights that have been removed from the ward and delegated to the guardian. The guardian of a minor shall exercise the powers of a plenary guardian.(2) The guardian shall act within the scope of…

Fla. Stat. § 744.362 Initial guardianship report

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(1) Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of…

Fla. Stat. § 744.363 Initial guardianship plan

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(1) The initial guardianship plan shall include all of the following:(a) The provision of medical, mental, or personal care services for the welfare of the ward.(b) The provision of social and personal services for the welfare of the ward.(c) The place and kind of residential set…

Fla. Stat. § 744.365 Verified inventory

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(1) FILING.—A guardian of the property shall file a verified inventory of the ward’s property.(2) CONTENTS.—The verified inventory must include the following:(a) All property of the ward, real and personal, that has come into the guardian’s possession or knowledge, including a st…

Fla. Stat. § 744.367 Duty to file annual guardianship report

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(1) Unless the court requires filing on a calendar-year basis, each guardian of the person shall file with the court an annual guardianship plan within 90 days after the last day of the anniversary month that the letters of guardianship were signed, and the plan must cover the co…

Fla. Stat. § 744.3675 Annual guardianship plan

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Each guardian of the person must file with the court an annual guardianship plan which updates information about the condition of the ward. The annual plan must specify the current needs of the ward and how those needs are proposed to be met in the coming year.(1) Each plan for a…

Fla. Stat. § 744.3678 Annual accounting

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(1) Each guardian of the property must file an annual accounting with the court.(2) The annual accounting must include:(a) A full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control and a statement of the ward’s …

Fla. Stat. § 744.3679 Simplified accounting procedures in certain cases

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(1) In a guardianship of property, when all property of the estate is in designated depositories under s. 69.031 and the only transactions that occur in that account are interest accrual, deposits from a settlement, or financial institution service charges, the guardian may elect…

Fla. Stat. § 744.368 Responsibilities of the clerk of the circuit court

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(1) In addition to the duty to serve as the custodian of the guardianship files, the clerk shall review each initial and annual guardianship report to ensure that it contains information about the ward addressing, as appropriate:(a) Physical and mental health care;(b) Personal an…

Fla. Stat. § 744.3685 Order requiring guardianship report; contempt

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(1) If a guardian fails to file the guardianship report, the court shall order the guardian to file the report within 15 days after the service of the order upon her or him or show cause why she or he may not be compelled to do so.(2) If a guardian fails to comply with the submis…

Fla. Stat. § 744.369 Judicial review of guardianship reports

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(1) The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court.(2) The …

Fla. Stat. § 744.3701 Confidentiality

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(1) Unless otherwise ordered by the court, upon a showing of good cause, an initial, annual, or final guardianship report or amendment thereto, or a court record relating to the settlement of a claim, is subject to inspection only by the court, the clerk or the clerk’s representa…

Fla. Stat. § 744.371 Relief to be granted

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If it appears from the annual guardianship report that:(1) The condition of the ward requires further examination;(2) Any change in the proposed care, maintenance, or treatment is needed;(3) The ward is qualified for restoration of some or all rights;(4) The condition or maintena…

Fla. Stat. § 744.3715 Petition for interim judicial review

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(1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan, is exceeding his or her authority under the guardianship plan, is acting in a manner contrary to s. 744.361, is de…

Fla. Stat. § 744.372 Judicial review of guardianships

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The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and:(1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367;(2) If interim review has been requested u…

Fla. Stat. § 744.3725 Procedure for extraordinary authority

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Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:(1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to …

Fla. Stat. § 744.373 Production of property

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On the petition of a creditor or other interested person, including the ward, or on its own motion, the court may require a guardian of the property to produce satisfactory evidence that the property of the ward for which the guardian is responsible is in the guardian’s possessio…

Fla. Stat. § 744.3735 Annual appearance of the guardian

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The court may require the guardian to appear before the court at the time the guardian files the annual guardianship report or at such other time as the court determines, in order for the court to inquire as to any matter relating to the well-being of the ward.History.—s. 1, ch. …

Fla. Stat. § 744.374 Payments to guardian

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If there is more than one guardian, either guardian may petition for an order directing the guardian of the property to pay to the guardian of the person periodic amounts for the support, care, maintenance, education, and other needs of the ward if not otherwise provided for in t…

Fla. Stat. § 744.381 Appraisals

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When the court deems it necessary, appraisers may be appointed to appraise the property of the ward that is subject to the guardianship.History.—s. 1, ch. 74-106; s. 61, ch. 89-96; s. 46, ch. 90-271.Note.—Created from former s. 744.54.

Fla. Stat. § 744.384 Subsequently discovered or acquired property

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(1) If a plenary guardian of the property of the ward learns of any property that is not included in previous inventories, the property shall be inventoried within 30 days after the discovery or acquisition.(2) If a limited guardian of the property of the ward learns of any prope…

Fla. Stat. § 744.387 Settlement of claims

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(1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the …

Fla. Stat. § 744.391 Actions by and against guardian or ward

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If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian an…

Fla. Stat. § 744.394 Suspension of statutes of limitations in favor of guardian

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If a person entitled to bring an action is declared incapacitated before the expiration of the time limited for the commencement of it and the cause of the action survives, the action may be commenced by the guardian of the property after such expiration and within 1 year from th…

Fla. Stat. § 744.397 Application of income of property of ward

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(1) The court may authorize the guardian of the property to apply the ward’s income, first to the ward’s care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the pa…

Fla. Stat. § 744.421 Petition for support of ward’s dependents

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Any person dependent on the ward for support may petition for an order directing the guardian of the property to contribute to the support of the dependent person from the property of the ward. The court may enter an order for suitable support and education of the dependent perso…

Fla. Stat. § 744.422 Petition for support for a dependent adult child

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Pursuant to s. 61.1255, a guardian may petition the court for the authority to bring a civil suit in circuit court to establish periodic payments from either or both parents of the dependent adult child for the support, care, maintenance, education, and any other needs of a depen…

Fla. Stat. § 744.441 Powers of guardian upon court approval

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After obtaining approval of the court pursuant to a petition for authorization to act, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, ma…

Fla. Stat. § 744.442 Delegation of authority

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(1) A guardian may designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. A person designated as a surrogate guardian under this section must be a professional guardian.(2)(a) A guardian must file a petition with the court req…

Fla. Stat. § 744.4431 Guardianship power regarding life-prolonging procedures

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(1) Except as provided in this section, decisions by a professional guardian, as defined in s. 744.102, to withhold or withdraw life-prolonging procedures from, or to execute an order not to resuscitate for, a ward must be approved by the court. A professional guardian appointed …

Fla. Stat. § 744.444 Power of guardian without court approval

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Without obtaining court approval, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may:(1) Retain assets owned by the ward.(2) Receive ass…

Fla. Stat. § 744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty

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(1) It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship which exists between the guardian and the ward may not be used for the private gain of the guardian other than the remuneration fo…

Fla. Stat. § 744.447 Petition for authorization to act

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(1) Application for authorization to perform, or confirmation of, any acts under s. 744.441 or s. 744.446 shall be by petition stating the facts showing the expediency or necessity for the action; a description of any property involved; and the price and terms of a sale, mortgage…

Fla. Stat. § 744.451 Order

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(1) If a sale or mortgage is authorized, the order shall describe the property, and(a) If the property is authorized for sale at private sale, the order shall fix the price and the terms of sale.(b) If the sale is to be public, the order shall state that the sale shall be made to…

Fla. Stat. § 744.454 Guardian forbidden to borrow or purchase; exceptions

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A professional guardian may not purchase property or borrow money from his or her ward. A guardian who is not a professional guardian may do so if:(1) A court by written order authorizes the sale or loan after a hearing to which interested persons were given notice; or(2) The pro…

Fla. Stat. § 744.457 Conveyance of various property rights by guardians of the property

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(1)(a) All legal or equitable interests in property owned as an estate by the entirety by an incapacitated person for whom a guardian of the property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s. 744.447, if the spouse who is not incapa…

Fla. Stat. § 744.461 Purchasers and lenders protected

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No person purchasing or leasing from, or taking a mortgage, pledge, or other lien from, a guardian shall be bound to see that the money or other things of value paid to the guardian are actually needed or properly applied. The person is not otherwise bound as to the proprieties o…

Fla. Stat. § 744.462 Determination regarding alternatives to guardianship

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Any judicial determination concerning the validity of the ward’s durable power of attorney, trust, or trust amendment shall be promptly reported in the guardianship proceeding by the guardian of the property. If the instrument has been judicially determined to be valid or if, aft…

Fla. Stat. § 744.464 Restoration to capacity

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(1) VENUE.—A suggestion of capacity must be filed with the court in which the guardianship is pending.(2) SUGGESTION OF CAPACITY.—(a) Any interested person, including the ward, may file a suggestion of capacity. The suggestion of capacity must state that the ward is currently cap…

Fla. Stat. § 744.467 Resignation of guardian

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A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct fin…

Fla. Stat. § 744.471 Appointment of successor

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A successor guardian must be appointed and duly qualified before a guardian shall be relieved of his or her duties and obligations as provided in s. 744.467. A successor guardian shall be appointed if a guardian dies, becomes incapacitated, or is removed. Successor guardians are …

Fla. Stat. § 744.474 Reasons for removal of guardian

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A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:(1) Fraud in obtaining her or his appointment.(2) Failure to discharge her or his duties.(3) Abuse of her or his powers.(4) An incapacity or i…