744.101 – Short title.
744.101 Short title.—This chapter may be cited as the “Florida Guardianship Law.” History.—s. 1, ch. 74-106; s. 1, ch. 89-96. Note.—Created from former s. 744.01.
744.1012 – Legislative intent.
744.1012 Legislative intent.—The Legislature finds that: (1) Adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. (2) It is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable […]
744.102 – Definitions.
744.102 Definitions.—As used in this chapter, the term: (1) “Attorney for the alleged incapacitated person” means an attorney who represents the alleged incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated person to the extent it is consistent with the rules regulating The Florida Bar. (2) “Audit” means a systematic review of financial and […]
744.1025 – Additional definitions.
744.1025 Additional definitions.—The definitions contained in the Florida Probate Code shall be applicable to the Florida Guardianship Law, unless the context requires otherwise, insofar as such definitions do not conflict with definitions contained in this law. History.—s. 2, ch. 79-221; s. 5, ch. 89-96.
744.104 – Verification of documents.
744.104 Verification of documents.—When verification of a document is required in this chapter or by rule, the document filed shall include an oath or affirmation or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief.” Any […]
744.105 – Costs.
744.105 Costs.—In all guardianship proceedings, costs may be awarded. When the costs are to be paid out of the property of the ward, the court may direct from what part of the property the costs shall be paid. History.—s. 1, ch. 74-106; s. 8, ch. 89-96; s. 3, ch. 90-271. Note.—Created from former s. 744.47.
744.106 – Notice.
744.106 Notice.—The requirements for notice under this chapter are those provided for in the Florida Probate Rules except as provided in s. 744.331(1). History.—s. 4, ch. 75-222; s. 9, ch. 89-96; s. 65, ch. 95-211.
744.107 – Court monitors.
744.107 Court monitors.— (1) The court may, upon inquiry from any interested person or upon its own motion in any proceeding over which it has jurisdiction, appoint a monitor. The court shall not appoint as a monitor a family member or any person with a personal interest in the proceedings. The order of appointment shall be served […]
744.1075 – Emergency court monitor.
744.1075 Emergency court monitor.— (1)(a) A court, upon inquiry from any interested person or upon its own motion, in any proceeding over which the court has jurisdiction, may appoint a court monitor on an emergency basis without notice. The court must specifically find that there appears to be imminent danger that the physical or mental health or […]
744.1076 – Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions.
744.1076 Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions.— (1)(a) The order of any court appointing a court monitor pursuant to s. 744.107 or an emergency court monitor pursuant to s. 744.1075 is exempt from s. 24(a), Art. I of the State Constitution. (b) The […]
744.108 – Guardian and attorney fees and expenses.
744.108 Guardian and attorney fees and expenses.— (1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward. (2) When fees for a guardian or an attorney are submitted […]
744.109 – Records.
744.109 Records.— (1) All hearings on appointment of a guardian; adjudication of incapacity; modification, termination, or revocation of the adjudication of incapacity; or restoration of capacity must be electronically or stenographically recorded. (2) If an appeal is taken from any of these proceedings, a transcript must be furnished to an indigent ward at public expense. History.—s. 12, ch. […]
744.1095 – Hearings.
744.1095 Hearings.—At any hearing under this chapter, the alleged incapacitated person or the adjudicated ward has the right to: (1) Remain silent and refuse to testify at the hearing. The person may not be held in contempt of court or otherwise penalized for refusing to testify. Refusal to testify may not be used as evidence of incapacity; […]
744.1096 – Domicile of ward.
744.1096 Domicile of ward.—The domicile of a resident ward is the county where the ward resides. History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 14, ch. 89-96; s. 5, ch. 2016-40. Note.—Created from former s. 744.10; former s. 744.201.
744.1097 – Venue.
744.1097 Venue.— (1) The venue in proceedings for declaration of incapacity shall be where the alleged incapacitated person resides or is found. The provisions of this section do not apply to veterans. (2) The venue in proceedings for the appointment of a guardian shall be: (a) If the incapacitated person is a resident of this state, in the county […]
744.1098 – Change of ward’s residence.
744.1098 Change of ward’s residence.— (1) PRIOR COURT APPROVAL REQUIRED.—A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county […]