Florida Statutes Section 744.3715 - Petition For Interim Judicial Review. (Fla. Stat. § 744.3715)

744.3715 Petition for interim judicial review.—

1(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 ward and his or her relatives in violation of s. 744.361(13), or is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian’s action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously.

(2) If the petition for review is found to be without merit, the court may assess costs and attorney’s fees against the petitioner.

History.—s. 56, ch. 89-96; s. 41, ch. 90-271; s. 1092, ch. 97-102; s. 18, ch. 2015-83.

1Note.—Section 20, ch. 2015-83, provides that “[s]ections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

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Last modified: September 23, 2016