744.397 – Application of income of property of ward.
744.397 Application of income of property of ward.— (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 parent, spouse, or […]
744.421 – Petition for support of ward’s dependents.
744.421 Petition for support of ward’s dependents.—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 person out […]
744.441 – Powers of guardian upon court approval.
744.441 Powers of guardian upon court approval.—After obtaining approval of the court pursuant to a petition for authorization to act: (1) 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: (a) Perform, compromise, or refuse […]
744.442 – Delegation of authority.
744.442 Delegation of authority.— (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 requesting permission to designate a surrogate guardian. […]
744.444 – Power of guardian without court approval.
744.444 Power of guardian without court approval.—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 assets from fiduciaries or other sources. (3) Vote […]
744.446 – Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.
744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.— (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 […]
744.447 – Petition for authorization to act.
744.447 Petition for authorization to act.— (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, or other contract. The […]
744.451 – Order.
744.451 Order.— (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 the […]
744.454 – Guardian forbidden to borrow or purchase; exceptions.
744.454 Guardian forbidden to borrow or purchase; exceptions.—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 […]
744.457 – Conveyance of various property rights by guardians of the property.
744.457 Conveyance of various property rights by guardians of the property.— (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 […]