744.361 Powers and duties of guardian.— (1) The guardian of an incapacitated person is a fiduciary and may exercise only those rights that have been removed from the ward and delegated to the guardian. The guardian of a minor shall exercise the powers of a plenary guardian. (2) The guardian shall act within the scope of the authority […]
744.362 Initial guardianship report.— (1) Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of the person must consist of an […]
744.363 Initial guardianship plan.— (1) The initial guardianship plan shall include all of the following: (a) The provision of medical, mental, or personal care services for the welfare of the ward. (b) The provision of social and personal services for the welfare of the ward. (c) The place and kind of residential setting best suited for the needs of the […]
744.365 Verified inventory.— (1) FILING.—A guardian of the property shall file a verified inventory of the ward’s property. (2) CONTENTS.—The verified inventory must include the following: (a) All property of the ward, real and personal, that has come into the guardian’s possession or knowledge, including a statement of all encumbrances, liens, and other secured claims on any item, any […]
744.367 Duty to file annual guardianship report.— (1) Unless the court requires filing on a calendar-year basis, each guardian of the person shall file with the court an annual guardianship plan within 90 days after the last day of the anniversary month that the letters of guardianship were signed, and the plan must cover the coming fiscal […]
744.3675 Annual guardianship plan.—Each guardian of the person must file with the court an annual guardianship plan which updates information about the condition of the ward. The annual plan must specify the current needs of the ward and how those needs are proposed to be met in the coming year. (1) Each plan for an adult ward […]
744.3678 Annual accounting.— (1) Each guardian of the property must file an annual accounting with the court. (2) The annual accounting must include: (a) A full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control and a statement of the ward’s property on hand at the end of […]
744.3679 Simplified accounting procedures in certain cases.— (1) In a guardianship of property, when all property of the estate is in designated depositories under s. 69.031 and the only transactions that occur in that account are interest accrual, deposits from a settlement, or financial institution service charges, the guardian may elect to file an accounting consisting of: […]
744.368 Responsibilities of the clerk of the circuit court.— (1) In addition to the duty to serve as the custodian of the guardianship files, the clerk shall review each initial and annual guardianship report to ensure that it contains information about the ward addressing, as appropriate: (a) Physical and mental health care; (b) Personal and social services; (c) The residential […]
744.3685 Order requiring guardianship report; contempt.— (1) If a guardian fails to file the guardianship report, the court shall order the guardian to file the report within 15 days after the service of the order upon her or him or show cause why she or he may not be compelled to do so. (2) If a guardian fails […]
744.369 Judicial review of guardianship reports.— (1) The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court. (2) The court may appoint […]
744.3701 Confidentiality.— (1) Unless otherwise ordered by the court, upon a showing of good cause, an initial, annual, or final guardianship report or amendment thereto, or a court record relating to the settlement of a claim, is subject to inspection only by the court, the clerk or the clerk’s representative, the guardian and the guardian’s attorney, the […]
744.371 Relief to be granted.—If it appears from the annual guardianship report that: (1) The condition of the ward requires further examination; (2) Any change in the proposed care, maintenance, or treatment is needed; (3) The ward is qualified for restoration of some or all rights; (4) The condition or maintenance of the ward requires the performance or doing of […]
744.3715 Petition for interim judicial review.— (1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan, is exceeding his or her authority under the guardianship plan, is acting in a manner contrary to s. 744.361, is denying visitation between the […]
744.372 Judicial review of guardianships.—The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and: (1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367; (2) If interim review has been requested under s. 744.3715; (3) If a person, including the ward, […]
744.3725 Procedure for extraordinary authority.—Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must: (1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses […]
744.373 Production of property.—On the petition of a creditor or other interested person, including the ward, or on its own motion, the court may require a guardian of the property to produce satisfactory evidence that the property of the ward for which the guardian is responsible is in the guardian’s possession or under her or his […]
744.3735 Annual appearance of the guardian.—The court may require the guardian to appear before the court at the time the guardian files the annual guardianship report or at such other time as the court determines, in order for the court to inquire as to any matter relating to the well-being of the ward. History.—s. 1, ch. […]
744.374 Payments to guardian.—If there is more than one guardian, either guardian may petition for an order directing the guardian of the property to pay to the guardian of the person periodic amounts for the support, care, maintenance, education, and other needs of the ward if not otherwise provided for in the guardianship plan. The amount […]
744.381 Appraisals.—When the court deems it necessary, appraisers may be appointed to appraise the property of the ward that is subject to the guardianship. History.—s. 1, ch. 74-106; s. 61, ch. 89-96; s. 46, ch. 90-271. Note.—Created from former s. 744.54.
