744.618 – Persons who may be appointed guardian.
744.618 Persons who may be appointed guardian.— (1) Notwithstanding any law with respect to priority of persons entitled to appointment, or nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian if the court determines that the appointment of the other individual or bank or trust company would […]
744.514 – Surrender of property upon removal.
744.514 Surrender of property upon removal.—The successor guardian shall demand of the removed guardian or her or his heirs, personal representative, or surety all the property of the ward and copies of all records of the ward. The removed guardian or her or his heirs, personal representative, or surety shall turn over the items to her […]
744.619 – Bond of guardian.
744.619 Bond of guardian.—When the appointment of a guardian is made, the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum of the amount of moneys then due to the ward and the amount of moneys estimated to become payable during the ensuing year. […]
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 […]