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 […]
744.477 – Proceedings for removal of a guardian.
744.477 Proceedings for removal of a guardian.—Proceedings for removal of a guardian may be instituted by the court, by any surety or other interested person, or by the ward. Reasonable notice shall be given to the guardian. On the hearing, the court may enter an order that is proper considering the pleadings and the evidence. History.—s. […]
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 […]
744.511 – Accounting upon removal.
744.511 Accounting upon removal.—A removed guardian shall file with the court a true, complete, and final report of his or her guardianship within 20 days after removal and shall serve a copy on the successor guardian and the ward, unless the ward is a minor or has been determined to be totally incapacitated. History.—s. 1, ch. […]
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 […]