744.3201 Petition to determine incapacity.— (1) A petition to determine incapacity of a person may be executed by an adult person. (2) The petition must be verified and must: (a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person; (b) State the name, age, county of residence, and present […]
744.3203 Suspension of power of attorney before incapacity determination.— (1) At any time during proceedings to determine incapacity but before the entry of an order determining incapacity, the authority granted under an alleged incapacitated person’s power of attorney to a parent, spouse, child, or grandchild is suspended when the petitioner files a motion stating that a specific […]
744.3215 Rights of persons determined incapacitated.— (1) A person who has been determined to be incapacitated retains the right: (a) To have an annual review of the guardianship report and plan. (b) To have continuing review of the need for restriction of his or her rights. (c) To be restored to capacity at the earliest possible time. (d) To be treated […]
744.331 Procedures to determine incapacity.— (1) NOTICE OF PETITION TO DETERMINE INCAPACITY.—Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person. The notice and copies of the petitions must also […]
744.334 Petition for appointment of guardian or professional guardian; contents.— (1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and belief, showing the name, age, residence, and post office address of the alleged incapacitated person or minor; the nature of her […]
744.3371 Notice of petition for appointment of guardian and hearing.— (1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is determined to be incapacitated, the court shall hear the petition without further notice. If the petition is heard on a later […]
744.341 Voluntary guardianship.— (1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment. The petition […]
744.342 Minors; guardianship.—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.
744.345 Letters of guardianship.—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 powers and duties of the guardian. The […]
744.347 Oath of guardian.—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. Note.—Created from former s. […]
744.351 Bond of guardian.— (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 […]
744.354 Validity of bond.—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 been legally […]
744.357 Liability of surety.—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.
744.358 Liability of a guardian.— (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. 97-102.
744.359 Abuse, neglect, or exploitation by a guardian.— (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. (3) A person who believes that a […]
