Florida Statute 744.1012 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

F.S. 744.1012

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 of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed.

(3) By recognizing that every individual has unique needs and differing abilities, it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.

(4) Private guardianship may be inadequate when there is no willing and responsible family member or friend, other person, bank, or corporation available to serve as guardian for an incapacitated person, and such person does not have adequate income or wealth for the compensation of a private guardian.

(5) Through the establishment of the Office of Public and Professional Guardians, the Legislature intends to permit the establishment of offices of public guardians for the purpose of providing guardianship services for incapacitated persons when no private guardian is available.

(6) A public guardian will be provided only to those persons whose needs cannot be met through less restrictive means of intervention. A public guardian may also serve in the capacity of a limited guardian or guardian advocate under s. 393.12 when the public guardian is the guardian of last resort as described in subsection (4).

History.—s. 3, ch. 89-96; s. 1, ch. 90-271; s. 1067, ch. 97-102; s. 4, ch. 2016-40.

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Amendments to 744.1012

Annotations, Discussions, Cases:

Cases Citing Statute 744.1012

Total Results: 24

Hayes v. Guardianship of Thompson

952 So. 2d 498, 2006 WL 3228916

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1703263

Cited 27 times | Published

public policy is the protection of the ward. See § 744.1012, Fla. Stat. (2006) (declaring that the purpose

Hayes v. Guardianship of Thompson

952 So. 2d 498, 2006 WL 3228916

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1703263

Cited 27 times | Published

public policy is the protection of the ward. See § 744.1012, Fla. Stat. (2006) (declaring that the purpose

In Re Fey

624 So. 2d 770, 1993 WL 349921

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 374811

Cited 14 times | Published

also note the stated legislative intent in section 744.1012: Legislative intent. The Legislature finds

Jasser v. Saadeh

97 So. 3d 241, 2012 Fla. App. LEXIS 11670, 2012 WL 2912950

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60311733

Cited 5 times | Published

respected to the greatest extent possible. See § 744.1012, Fla. Stat. (2008). To permit dismissal of proceedings

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

[his] abilities to the maximum extent possible.” § 744.1012, Fla. Stat. (2012). Chapter 744 is to be “liberally

Schlesinger v. Jacob

240 So. 3d 75

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311527

Cited 2 times | Published

person to act in her or his own behalf. § 744.1012(3), Fla. Stat. Consider this case. Even

Glenda Martinez Smith v. J. Alan Smith

224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146154

Cited 2 times | Published

Id. The legislative intent, as declared in section 744,1012, Florida Statutes (2016), further illustrates

Smith v. Lynch

821 So. 2d 1197, 2002 WL 1625547

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1657102

Cited 1 times | Published

construed to accomplish this purpose." *1199 § 744.1012, Fla. Stat. (2001). The obvious import behind

In Re Estate of Salley

742 So. 2d 268, 1997 WL 537376

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1302976

Cited 1 times | Published

possible in all decisions affecting them...." § 744.1012, Fla. Stat. (1995). The act is to be liberally

PATRICIA ASH v. IN RE: GUARDIANSHIP OF AARON ASH

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618221

Published

their abilities to the maximum extent possible…” § 744.1012(3), Fla. Stat. (2019). In addition, chapter 744

THOMAS J. FOSTER, SR. v. CHRISTA RADULOVICH, THE EMERGENCY TEMPORARY GUARDIAN

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60496856

Published

for by a guardian or appointed by the court); § 744.1012(3) ("[I]t is the purpose of this act to

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299021

Published

suspension of power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744.104, Fla

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022

Published

power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744

In Re: Amendments to the Florida Probate Rules - Guardianship

Supreme Court of Florida | Filed: Sep 3, 2020 | Docket: 18407701

Published

power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744

LAWRENCE T. REID, JR. v. GUARDIANSHIP OF MARGARET REID

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897432

Published

abilities to the maximum extent possible.” § 744.1012, Fla. Stat. (2012). Chapter 744 is to be

Sarfaty v. in Re: M.S.

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183861

Published

Legislature has made its intent clear in section 744.1012, which provides as follows: The Legislature

Hernandez Sr. v. Hernandez

230 So. 3d 119

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148137

Published

policy is the protection of the ward.” Id. (citing § 744.1012, Fla. Stat. (2006)). “Thus, unlike most other

Sarfaty v. in Re: M.S.

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 6060355

Published

Legislature has made its intent clear. In section 744.1012, the Legislature stated its intent as follows:

Katherine Howard v. Michael R. Howard, Suzanne M. Howard, and William P. Howard

193 So. 3d 987, 2016 Fla. App. LEXIS 7978, 2016 WL 3002345

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071393

Published

of a person to act in her or his own behalf.” § 744.1012, Fla. Stat. However, achieving this balance requires

Glenda Martinez Smith v. J. Alan Smith

199 So. 3d 911, 2016 Fla. App. LEXIS 3130, 2016 WL 803625

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040737

Published

liberally construed to accomplish this purpose. § 744.1012, Fla. Stat. (2013) (emphasis added). This has

Karim H. Saadeh v. Michael Connors, Colette Meyer Deborah Barfield and Jacob Noble

166 So. 3d 959, 2015 Fla. App. LEXIS 9575, 2015 WL 3875682

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679243

Published

protecting the rights of incapacitated persons. § 744.1012, Fla. Stat. (2010). 2 Mr. Saadeh was

McJunkin v. McJunkin

896 So. 2d 962, 2005 Fla. App. LEXIS 4304, 2005 WL 711655

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64836909

Published

rights at all, whether wisely or otherwise. See § 744.1012. , This case is similar to In re Maynes-Turner

Ago

Florida Attorney General Reports | Filed: Jul 2, 2004 | Docket: 3255987

Published

guardians of the property of nonresident wards. 3 Section 744.1012, Fla. Stat. 4 See s. 744.1012, Fla. Stat.

Gallagher v. Comprehensive Personal Care Services, Inc.

742 So. 2d 268, 1997 Fla. App. LEXIS 10256

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64791335

Published

possible in all decisions affecting them.... ” § 744.1012, Fla. Stat. (1995). The act is to be liberally