Florida Statutes Part VI - Powers And Duties (Ss. 744.361-744.462)

• 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...
• 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...
• 744.363 - Initial Guardianship Plan.
  (1) The initial guardianship plan shall include the following:(a) The provision of medical, mental, or personal care services for the welfare of the ward;(b) The provision of social...
• 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...
• 744.367 - Duty To File Annual Guardianship Report.
  1(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 at least...
• 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...
• 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...
• 744.3679 - Simplified Accounting Procedures In Certain Cases.
  (1) In a guardianship of property, when all assets of the estate are in designated depositories under s. 69.031 and the only transactions that occur in...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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....
• 744.384 - Subsequently Discovered Or Acquired Property.
  (1) If a plenary guardian of the property of the ward learns of any property that is not included in previous inventories, the property shall be...
• 744.387 - Settlement Of Claims.
  (1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before...
• 744.391 - Actions By And Against Guardian Or Ward.
  If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that...
• 744.394 - Suspension Of Statutes Of Limitations In Favor Of Guardian.
  If a person entitled to bring an action is declared incapacitated before the expiration of the time limited for the commencement of it and the...
• 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...
• 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...
• 744.441 - Powers Of Guardian Upon Court Approval.
  After obtaining approval of the court pursuant to a petition for authorization to act, a plenary guardian of the property, or a limited guardian of...
• 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...
• 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...
• 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...
• 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...
• 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...
• 744.454 - Guardian Forbidden To Borrow Or Purchase; Exceptions.
  A professional guardian may not purchase property or borrow money from his or her ward. A guardian who is not a professional guardian may do...
• 744.457 - Conveyance Of Various Property Rights By Guardians Of The Property.
  (1)(a) All legal or equitable interests in property owned as an estate by the entirety by an incapacitated person for whom a guardian of the property...
• 744.461 - Purchasers And Lenders Protected.
  No person purchasing or leasing from, or taking a mortgage, pledge, or other lien from, a guardian shall be bound to see that the money...
• 744.462 - Determination Regarding Alternatives To Guardianship.
  Any judicial determination concerning the validity of the ward’s durable power of attorney, trust, or trust amendment shall be promptly reported in the guardianship proceeding...

Last modified: September 23, 2016