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Florida Statute 744.102 - Full Text and Legal Analysis
Florida Statute 744.102 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
744.102 Definitions.—As used in this chapter, the term:
(1) “Attorney for the alleged incapacitated person” means an attorney who represents the alleged incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated person to the extent it is consistent with the rules regulating The Florida Bar.
(2) “Audit” means a systematic review of financial and all other documents to ensure compliance with s. 744.368, rules of court, and local procedures using generally accepted accounting principles. The term includes various practices that meet professional standards, such as verifications, reviews of substantiating papers and accounts, interviews, inspections, and investigations.
(3) “Clerk” means the clerk or deputy clerk of the court.
(4) “Corporate guardian” means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian.
(5) “Court” means the circuit court.
(6) “Court monitor” means a person appointed by the court under s. 744.107 to provide the court with information concerning a ward.
(7) “Estate” means the property of a ward subject to administration.
(8) “Foreign guardian” means a guardian appointed in another state or country.
(9) “Guardian” means a person who has been appointed by the court to act on behalf of a ward’s person or property, or both.
(a) “Limited guardian” means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a limited guardian.
(b) “Plenary guardian” means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property.
(10) “Guardian ad litem” means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding.
(11) “Guardian advocate” means a person appointed by a written order of the court to represent a person with developmental disabilities under s. 393.12. As used in this chapter, the term does not apply to a guardian advocate appointed for a person determined incompetent to consent to treatment under s. 394.4598.
(12) “Incapacitated person” means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.
(a) To “manage property” means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income.
(b) To “meet essential requirements for health or safety” means to take those actions necessary to provide the health care, food, shelter, clothing, personal hygiene, or other care without which serious and imminent physical injury or illness is more likely than not to occur.
(13) “Minor” means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise.
(14) “Next of kin” means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person.
(15) “Nonprofit corporate guardian” means a nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state.
(16) “Preneed guardian” means a person named in a written declaration to serve as guardian in the event of the incapacity of the declarant as provided in s. 744.3045.
(17) “Professional guardian” means any guardian who has at any time rendered services to three or more wards as their guardian. A person serving as a guardian for two or more relatives as defined in s. 744.309(2) is not considered a professional guardian. A public guardian shall be considered a professional guardian for purposes of regulation, education, and registration.
(18) “Property” means both real and personal property or any interest in it and anything that may be the subject of ownership.
(19) “Standby guardian” means a person empowered to assume the duties of guardianship upon the death or adjudication of incapacity of the last surviving natural or appointed guardian.
(20) “Surrogate guardian” means a guardian designated according to s. 744.442.
(21) “Totally incapacitated” means incapable of exercising any of the rights enumerated in s. 744.3215(2) and (3).
(22) “Ward” means a person for whom a guardian has been appointed.
History.—s. 1, ch. 74-106; s. 2, ch. 75-222; s. 231, ch. 77-104; s. 1, ch. 79-221; s. 3, ch. 80-171; s. 4, ch. 89-96; s. 2, ch. 90-271; s. 1, ch. 96-354; s. 1780, ch. 97-102; s. 6, ch. 2003-57; s. 9, ch. 2004-260; s. 1, ch. 2006-178; s. 1, ch. 2014-124.
Note.—Created from former s. 744.03.

F.S. 744.102 on Google Scholar

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Amendments to 744.102


Annotations, Discussions, Cases:

Cases Citing Statute 744.102

Total Results: 55  |  Sort by: Relevance  |  Newest First

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Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006).

Cited 27 times | Published | Supreme Court of Florida | 2006 WL 3228916

...obtaining in-home services as necessary, provide casework for the purpose of planning and providing needed services, provide for medical and psychiatric examinations if needed, and file a petition to determine capacity and to appoint a guardian. [2] Section 744.102(12), Florida Statutes (2006), defines an "incapacitated person" as "a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety r...
...Part II applies to probate alone, Part III applies to guardianship alone, and Part IV applies to expedited judicial intervention concerning medical treatment procedures. The Florida Rules of Civil Procedure apply only as provided herein.") (emphasis supplied). [11] See § 744.1025, Fla....
...R. 5.015(a) ("The definitions . . . stated or referred to in . . . Chapters 731, 732, 733, 734, 735, 737, 738, and 744, Florida Statutes, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules."). [12] See § 744.102(9), Fla. Stat. (2006) (defining "guardian" as "a person who has been appointed by the court to act on behalf of a ward's person or property, or both"); § 744.102(14), Fla. Stat. (2006) (defining "next of kin" as "those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person"); § 744.102(22), Fla....
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In Re Guardianship of Schiavo, 792 So. 2d 551 (Fla. 2d DCA 2001).

Cited 16 times | Published | Florida 2nd District Court of Appeal | 2001 WL 770772

...Schiavo immediately and appropriately asked the trial court to treat the petition as an adversary proceeding pursuant to Florida Probate Rule 5.025. The Schindlers are not defendants from whom anything was requested in this adversary proceeding. Although it would not appear that they qualified as "next of kin," see § 744.102(12), Fla....
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Lusker v. Guardianship of Lusker, 434 So. 2d 951 (Fla. 2d DCA 1983).

Cited 8 times | Published | Florida 2nd District Court of Appeal

...Therefore, the trial court erred in appointing the appellees standby guardians. The appellees next contend that the appellant is foreclosed from raising the propriety of the order confirming their appointment as standby guardians because he failed to appeal the first order. We disagree. Section 744.102(10), Florida Statutes (1981), defines "standby guardian" as a person empowered to assume the duties of guardianship upon the death or adjudication of incompetency of the last surviving natural or adoptive parent of an incompetent....
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Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005).

Cited 7 times | Published | Florida 5th District Court of Appeal | 2005 WL 1488650

...Accordingly, we reverse both orders denying these petitions and remand to the trial court for further proceedings. REVERSED and REMANDED for further proceedings. PETERSON and THOMPSON, JJ., concur. NOTES [1] An "incapacitated person" is defined in section 744.102(10), Florida Statutes (2003), as "a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of such person." Subsection (11) defines "minor" as "a person under 18 years of age whose disabilities have not been removed by marriage or otherwise." § 744.102(11), Fla. Stat. (2003). (These definitions remain unchanged in the current statute. See § 744.102(11), (12), Fla....
...We strongly suggest that the court consider amending rule 5.040 to once again include provisions specifying how minors should be served with formal service. [2] A "guardian" is defined as "a person who has been appointed by the court to act on behalf of a ward's person or property, or both." § 744.102(8), Fla....
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Stepp v. Stepp, 520 So. 2d 314 (Fla. 2d DCA 1988).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 1988 WL 13708

...Since the paternity statute does not address the issue of custody (§ 742.011, et seq.), we reach that issue through the "Florida Guardianship Law" which defines a guardian as "one to whom the law has entrusted the custody and control of the person or property, or both, of an incompetent." § 744.102(1), Fla....
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Harmon v. Williams, 596 So. 2d 1139 (Fla. 2d DCA 1992).

Cited 6 times | Published | Florida 2nd District Court of Appeal | 1992 WL 51242

...[2] As Patsy was never declared incompetent the provision in the statute pertaining to execution by a guardian of the property is not relevant here. We note as an aside that a guardian ad litem is, by definition, not authorized to exercise control and dominion over the ward's property as does a guardian of the property. See § 744.102(9), Fla....
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Bergman v. Serns, 443 So. 2d 130 (Fla. 3d DCA 1983).

Cited 6 times | Published | Florida 3rd District Court of Appeal

...upon the guardian's petition for "[a]ny change of care, maintenance or treatment" for his ward, "[t]he [circuit] court shall enter such orders, with or without notice to interested persons, as may be proper." § 744.371, Fla. Stat. (1981); see also § 744.102(15), Fla....
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Scannavino v. Florida Dep't of Corr., 242 F.R.D. 662 (M.D. Fla. 2007).

Cited 6 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 41579, 2007 WL 1557477

...mination of incapacity, the statute fails to define either “incapacity” or “incompetence.” See Fla. Stat. § 744.331 (2006); McJunkin v. McJunkin, 896 So.2d 962, 963 (Fla. 2d DCA 2005) (“Florida Statutes do not define ‘capacity.’ ”). Section 744.102(10), Florida Statutes, *664 defines an “incapacitated person” as “a person who has been judicially determined to lack the capacity to manage at least some of the property ... of such person.” Fla. Stat. § 744.102 (10) (2006)....
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State v. Earl, 649 So. 2d 297 (Fla. 5th DCA 1995).

Cited 5 times | Published | Florida 5th District Court of Appeal | 1995 WL 18384

...Badalich, 479 So.2d 197 (Fla. 5th DCA 1985), where we held that a natural parent can be guilty of interference with custody if he has no right to custody. We explained in Badalich that under the 1983 version of section 744.301(1), as further defined in section 744.102(1), the mother of a child born out of wedlock had the right of custody....
...If the parents are given joint custody, then both shall continue as natural guardians. If the marriage is dissolved and neither the father nor the mother is given custody of the child, neither shall act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child. [2] § 744.102(8), Fla....
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In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...1989 Revision: Prior rule adopted as temporary emergency rule. 1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of guardian under FPR 5.680 and to conform to section 744.524, Florida Statutes. Statutory References § 744.102(7) and (8), Fla....
...chapter 765, Florida Statutes, the Life-Prolonging Procedure Act of Florida. Rule History 1991 Revision: New rule. Statutory References § 709.08, Fla. Stat. Durable power of attorney. § 731.302, Fla. Stat. Waiver and consent by interested person. § 744.102, Fla....
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Gomez v. Fradin, 199 So. 3d 554 (Fla. 4th DCA 2016).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13809, 2016 WL 4916852

pending to represent a ward in that proceeding. § 744.102(10), Fla. Stat. (2016). More importantly, nothing
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State v. Badalich, 479 So. 2d 197 (Fla. 5th DCA 1985).

Cited 4 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2576

...matter. Chapter 744 of the Florida Guardianship Law entrusts custody of a child born out of wedlock to the mother. Section 744.301(1), Florida Statutes (1983), states, "The mother of a child born out of wedlock is the natural guardian of the child." Section 744.102(1) defines the term "guardian" as "one to whom the law has entrusted the custody and control of the person or property, or both, of an incompetent." Since the mother of a child born out of wedlock is its natural guardian, and a guardi...
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D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018).

Cited 4 times | Published | Supreme Court of Florida

...Guardianships "are governed by a comprehensive statutory code and set of procedural rules." Hayes v. Guardianship of Thompson , 952 So.2d 498 , 505 (Fla. 2006). 7 Florida guardianship law defines "guardian" as "a person who has been appointed by the court to act on behalf of a ward's person or property, or both." § 744.102(9), Fla. Stat. (2006). 8 The statute also distinguishes between a "Limited guardian," whose powers are limited to those specifically designated by court order, id. § 744.102(9)(a), and a "Plenary guardian," who exercises "all delegable rights and powers of the ward." Id. § 744.102(9)(b)....
...suit." Ad litem , Black's Law Dictionary (9th ed. 2009). Florida law defines "guardian ad litem" in greater detail as "a person who is appointed by the court ... in which a particular legal matter is pending to represent a ward in that proceeding ." § 744.102(10), Fla....
...Orders granting temporary custody of a child to members of the child's extended family do not inherently appoint that family member as the child's guardian. See generally § 751.05, Fla. Stat. (2006). The version of the statute in effect today contains identical language. See § 744.102(9), Fla....
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Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700

...Chapter Framework for Guardian of Property Under Chapter 744, a guardian has broad powers to access a ward’s assets to act in the ward’s best interest. A guardian is a person “appointed by the court to act on behalf of a ward’s person or property, or both.” § 744.102(9), Fla....
...Stat. (2012). Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.108(8), Fla. Stat. (2012), where the “guardianship estate” includes “the property of [the] ward subject to administration.” § 744.102(7), Fla....
...Section 744.334, Florida Statutes (2012), provides that every petition for the appointment of a guardian "shall contain statements, to the best of petitioner’s knowledge and belief, showing,” inter alia, "the nature and value of property subject to the guardianship.” . See § 744.102(17), Fla....
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In Re Guardianship of Jansen, 405 So. 2d 1074 (Fla. 2d DCA 1981).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 21665

...st the ward, or vice versa, or if the interest of the guardian is adverse to that of his ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation." (Emphasis added.) The appointment was also in accordance with section 744.102(2), which defines "guardian ad litem" as follows: "A `guardian ad litem' is one appointed by a court in which particular litigation is pending to represent a ward in that litigation." (Emphasis added.) We agree that the statutes give little guidance as to precisely what duties a guardian ad litem has....
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Artigas v. Winn Dixie Stores, Inc., 578 So. 2d 356 (Fla. 1st DCA 1991).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 46823

...d board provided by the parents to the claimant. Judges of compensation claims are not empowered to authorize or direct disbursements from guardianship bank accounts. Such authority is expressly and exclusively conferred upon the circuit courts. See Section 744.102(4) and Sections 744.387 — 744.447, Florida Statutes (1989)....
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In Re Guardianship of JDS, 864 So. 2d 534 (Fla. 5th DCA 2004).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2004 WL 42619

...1985); First Union Nat'l Bank v. Turney, 839 So.2d 774 (Fla. 1st DCA 2003); Dixon v. City of Jacksonville, 774 So.2d 763, 765 (Fla. 1st DCA 2000). *538 ANALYSIS On its face, Chapter 744, which governs guardianships, does not provide for the appointment of a guardian for a fetus. Section 744.102, the definitions section of Chapter 744, defines the terms, "guardian," [6] "ward," [7] and other terms used within the chapter, but it does not define or use the term, "fetus." Furthermore, the term, "fetus" is not used in Chapter 744, and no section of Chapter 744 entitles a fetus or unborn child to a guardian....
...ve action rather than judicial legislation). Finding no mention of the term, "fetus" in Chapter 744 and no Florida case interpreting the chapter to include fetuses, we conclude that the provisions of Chapter 744 do not apply to a fetus. Furthermore, section 744.102(8), Florida Statutes, defines a "guardian" as "a person who has been appointed by the court to act on behalf of a ward's person or property or both." A "`ward' means a person for whom a guardian has been appointed." § 744.102(19), Fla....
...filed a Suggestion of Birth with this court on 12 September 2003: 1. That on Saturday, August 30, 2003 at 10:00 o'clock a.m. in Orange County, Florida, J.D.S. gave birth by cesarean section to a baby girl known as Baby S. 2. Baby S weighed 6 pounds, 7 ounces and her length was 21½ inches. [6] § 744.102(8), Fla. Stat. (2003). [7] § 744.102(19), Fla....
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Yazdzik v. Scott, 129 So. 3d 482 (Fla. 2d DCA 2014).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 51382, 2014 Fla. App. LEXIS 126

...onable fees once incapacity is determined and a guardian is appointed. See § 744.331(7)(b) (“The fees awarded under paragraph (a) shall be paid by the guardian from the property of the ward or, if the ward is indigent, by the state.”); see also § 744.102(9) (defining “guardian” as “a person who has been appointed by the court to act on behalf of the ward’s person or property, or both”), 744.102(22) (defining “ward” as “a person for whom a guardian has been appointed”)....
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In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

...form to section 744.524, Florida Statutes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Committee notes revised. Statutory References § 744.102(7),(8),(9), Fla....
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In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

...(b) [No Change] Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See Fla. Prob. R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla....
...ive July 1, 2005. Committee notes revised. Statutory References § 1.01, Fla. Stat. Definitions. § 731.201, Fla. Stat. General definitions. § 736.0103, Fla. Stat. Definitions. § 738.102, Fla. Stat. Definitions. § 739.102, Fla. Stat. Definitions. § 744.102, Fla....
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...Capacity; appointment of guardian advocate. §§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney Act. § 709.2109, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 731.302, Fla. Stat. Waiver and consent by interested person. § 744.102, Fla....
...In Re: Guardianship of Respondent’s Name ORDER FOR APPOINTMENT OF GUARDIAN 1. By order of this court on .....(date)....., the respondent .....(name)..... was adjudicated incapacitated and is now a ward as defined in section 744.102(22), Florida Statutes. The extent of the incapacity is .....(plenary or limited).........
...County, in ...................., Florida for the hearing of this petition. The reason for this hearing is to inquire into the capacity of the respondent, the person with a developmental disability, to exercise the rights enumerated in the petition. (See § 744.102(12)(b), Fla....
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Florida Bar, 531 So. 2d 1261 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

...Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See FPR 5.190 and 5.540 and also F.S. 731.201 and F.S. 744.102. 1988 Revision: Rule was expanded due to deletion of FPR 5.190. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S. 1.01 Definitions. F.S. 731.201 General definitions. F.S. 744.102 Definitions....
...public guardian under Part IX of Chapter 744, Florida Statutes. Proposed Rule RULE 5.540. DEFINITIONS DELETE ENTIRE RULE. Committee Notes 1975 Revision: These definitions are intended to simplify application of these rules. See also definitions in F.S. 744.102. 1977 Revision: Editorial change in committee note. 1980 Revision: Implements 1979 amendment to F.S. 744.102 subsection (16). See also definitions in F.S. 744.1025. *1331 1988 Revision: Rule deleted on the basis that the definitions in the rule are the same as or substantially similar to those contained in P.S. 744.102....
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Florida Bar, 537 So. 2d 500 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

...Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See FPR 5.190 and 5.540 and also F.S. 731.201 and F.S. 744.102. 1988 Revision: Rule was expanded due to deletion of FPR 5.190. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S. 1.01 Definitions. F.S. 731.201 General definitions. F.S. 744.102 Definitions....
...PART III—GUARDIANSHIP RULE 5.540. DEFINITIONS (Deleted September 29, 1988; Effective January 1, 1989) Committee Notes Rule History 1988 Revision: Rule deleted on the basis that the definitions in the rule are the same as or substantially similar to those contained in F.S. 744.102....
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Amendments to the Florida Prob. Rules, 778 So. 2d 272 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

...Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See Fla. Prob. R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla....
...1992 Revision: Citation form changes in rule and committee notes. 2000 Revision: Subdivision (b)(2) amended to delete outdated reference to rule 5.550(c). Statutory References § 1.01, Fla. Stat. Definitions. § 731.201, Fla. Stat. General definitions. § 744.102, Fla....
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In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...1988 Revision: Rule was expanded due to deletion of FPRrule 5.190. Committee notes expanded. Citation form changes in rule and committee notes. 1992 Revision: Citation form changes in rule and committee notes. Statutory References 1.01, Fla.Stat. Definitions. F*S,§ 731.201, Fla.Stat. General definitions. F§4 744.102, Fla.Stat....
...1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of guardian under FPRruIe 5.680 and to conform to section 744.524, Florida Statutes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 744.102(7)t and (8), Fla.Stat....
...Committee notes revised. Citation form changes in committee notes. Constitutional Reference Art. I, § 23, Fla. Const. Statutory References § 709.08, Fla.Stat. Durable power of attorney. § 731.302, Fla.Stat. Waiver and consent by interested person. § 744.102, Fla.Stat....
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In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Capacity; appointment of guardian advocate. § 744.102(8), (9), Fla. Stat. Definitions. § 744.201744
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In Re Amendments to Florida Prob. Rule 5.590, 150 So. 3d 1100 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899

...conform to sections 744.309(3), 943.0583, and 943.0585, Florida Statutes. Committee notes revised. Statutory References § 393.063(17), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(4), (9), (11), (14), (22) Fla....
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Lutheran Servs. Florida, Inc. v. Dep't of Child. & Families, 199 So. 3d 286 (Fla. 2d DCA 2015).

Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 17914, 2015 WL 7566262

...medical care. Furthermore, “a competent person has the constitutionally protected right to choose or reject medical treatment.” In re Guardianship of Browning, 568 So.2d 4, 12 (Fla.1990). But a person who has been adjudicated incapacitated under section 744.102(12), as Mr....
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Kemp v. Berschback, 204 So. 3d 143 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17250

specifically delineated in a court order. See § 744.102(9)(a), (b). *146 Simultaneously
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 731.302, Fla. Stat. Waiver and consent by interested person. § 744.102, Fla....
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Beth Ann Elisa Erlandsson v. The Guardianship of Beth Ann Elisa Erlandsson (Fla. 4th DCA 2020).

Published | Florida 4th District Court of Appeal

...ans an attorney who represents the alleged incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated person to the extent it is consistent with the rules regulating The Florida Bar. § 744.102(1), Fla....
...4th DCA 2013) (due process right to counsel for objecting biological father in adoption proceedings); O.A.H. v. R.L.A., 712 So. 2d 4, 4 (Fla. 2d DCA 1998) (due process right to counsel for non-consenting parent in an adoption proceeding). 5 by section 744.102(1), Florida Statutes, in accord with Florida Bar Rules 4-1.2(a) and 4-1.14....
...d counsel in a guardianship proceeding to counter her client’s express wishes not to have a guardian appointed. Such a reading would conflict with section 744.331(2)(b). 6 While the plain language of section 744.102(1) clearly requires that an attorney represent the “expressed interests” of an alleged incapacitated person, there is a dearth of Florida cases addressing the obligation of appointed counsel in guardianship proceedings....
...relevant to this guardianship proceeding. For example, Appellant wanted to confront live witness testimony by cross-examination. She wanted to present evidence. She wanted to testify. She wanted to present argument to the judge why a guardianship should not be imposed. Section 744.102(1) requires that an appointed attorney “shall represent the expressed wishes of the alleged incapacitated person to the extent it is consistent with the rules regulating The Florida Bar.” The statute manifests an intent to ensure...
...In forcing Appellant to go forward with a lawyer advocating for what counsel perceived to be her client’s “best interests,” rather than the client’s “expressed interests,” the trial court disregarded Appellant’s claims of a conflict of interest, and violated section 744.102(1), Florida Statutes....
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Rodriguez v. Levin, 524 So. 2d 1107 (Fla. 3d DCA 1988).

Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1119, 1988 Fla. App. LEXIS 1868, 1988 WL 44490

...s sui juris and that he therefore has no fiduciary obligation since it appears that Rodriguez is sui juris. “A ‘guardian ad litem’ is one appointed by a court in which particular litigation is pending to represent a ward in that litigation.” § 744.102(2), Fla.Stat....
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Guardianship of Rawl v. Rawl, 133 So. 3d 1179 (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal | 2014 WL 889050

...position thereof, determine his or her residence, consent to medical and mental health treatment, and make social decisions. § 744.3215(2), (3). . In a plenary guardianship, the guardian exercises all of the delegable rights and powers of the Ward. § 744.102(9)(b)....
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McJunkin v. McJunkin, 896 So. 2d 962 (Fla. 2d DCA 2005).

Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 4304, 2005 WL 711655

...The trial court apparently relied on testimony that Mr. McJunkin had agreed to, and would benefit from, having professional assistance managing some of his property, presumably to guard against making the type of imprudent investments that prompted his sons to have him declared incapacitatéd. Section 744.102(10), Florida Statutes (2003), defines an “incapacitated person” as “a person who has been judicially determined to lack the capacity to manage at least some of the property ......
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Glenda Martinez Smith v. J. Alan Smith, 199 So. 3d 911 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3130, 2016 WL 803625

petition for annulment of his marriage. Further, section 744.102(1), Florida Stat*918utes, defines the role
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Jackson v. Jackson, 432 So. 2d 695 (Fla. 2d DCA 1983).

Published | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19553

The definition of “incompetent” is set forth in § 744.102(5) as “... a person who, because of minority,
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Beckford v. in Re: Guardianship of Wayne Astor Beckford (Fla. 2d DCA 2025).

Published | Florida 2nd District Court of Appeal

...Discussion "A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward." § 744.108(1). Section 744.102(9) defines "guardian" as "a person who has been appointed by the court to act on behalf of a ward's person or property, or both." We review questions of statutory construction de novo. See In re Guardianship of Beck, 204 So. 3d 143, 147 (Fla. 2d DCA 2016) (citing McDade v. State, 154 So. 3d 292, 297 (Fla. 2014)). The trial court appointed Donna to act on Wayne's behalf. Thus, she was a "guardian" for purposes of sections 744.102(9) and 744.108(1). See In re Guardianship of Beck, 204 So....
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Glatthar v. Hoequist, 600 So. 2d 1205 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5821, 1992 WL 118343

...A plenary guardian is defined as: [a] person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his person or property, (emphasis supplied) § 744.102(8)(b), Fla.Stat....
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Parr v. Cushing, 507 So. 2d 1227 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1408, 1987 Fla. App. LEXIS 8589

had an equitable property interest pursuant to § 744.102(7); 5. All or some of the trust res was outside
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references. 2003 Revision: Committee notes revised. Statutory References § 733.305(-l-X-Fla. StaL Trust-companies and other corporations — and associations. § 744.102(3), (13), Fla....
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Mortg. Elec. Reg. Sys., Inc. v. Reyes, 819 So. 2d 913 (Fla. 3d DCA 2002).

Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 8565, 2002 WL 1332512

PER CURIAM. Affirmed. See Rodriguez v. Levin, 524 So.2d 1107 (Fla. 3d DCA 1988); § 744.102(9), Fla....
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Pamela Barrier, etc. v. JFK Med. Ctr. Ltd. P'ship, etc., Palm Beach Emergency Med. Assocs., P.L., etc., Jason Sevald, M.D., Armor Corr. Health Servs., Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., & Pierre Dorsainvil, M.D. (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal

...is defined by statute and “means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property.” § 744.102(9)(b), Fla. Stat....
...er of the malpractice victim could not be imputed to the victim “at least” until the mother was appointed “plenary guardian.” 982 So. 2d at 68. We interpret this language in Thomas as referring to a permanent plenary guardian, as that is how section 744.102(9)(b) defines “plenary guardian.” See § 744.102(9)(b), Fla....
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Barrier v. JFK Med. Ctr. Ltd. P'ship, 169 So. 3d 185 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9264, 2015 WL 3759641

...er of the malpractice victim could not be imputed to the victim “at least” until the mother was appointed “plenary guardian.” 982 So.2d at 68 . We interpret this language in Thomas as referring to a permanent plenary guardian, as that is how section 744.102(9)(b) defines “plenary guardian.” See § 744.102(9)(b), Fla....
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Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

...property” and “[t]he nature and length of the relationship with the incapacitated person.” § 744.108(2)(e), (h), Fla. Stat. (emphasis added). Attorney’s fees awarded under this statute are “paid from the assets of the guardianship estate.” § 744.108(8), Fla. Stat. Section 744.102, Florida Statutes (2021), provides separate definitions for a “guardian” and a “guardian advocate.” “‘Guardian’ means a person who has been appointed by the court to act on behalf of a ward’s person or property, or both.” § 744.102(9), Fla. Stat. “Ward” is defined as “a person for whom a guardian has been appointed.” § 744.102(22), Fla. Stat. “‘Guardian advocate’ means a person appointed by a written order 6 of the court to represent a person with developmental disabilities under s. 393.12.” § 744.102(11), Fla....
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...Committee Notes Rule History 1977 Revision: No change in rule. Correction of typographical error in committee note. This is intended to simplify drafting of these rules and should be liberally construed. See Fla. Prob. R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla....
...was added effective July 1, 2005. Committee notes revised. *578 2008 Revision: Subdivision (a) amended to add reference to section 393.12, Florida Statutes, which governs guardian advocates for persons with developmental disabilities. As provided by section 744.102(11), the term "guardian advocate" as used in the Florida Guardianship Law and these rules does not include a guardian advocate appointed for a person determined to lack capacity to consent to treatment under section 394.4598, Florida Statutes....
...§ 393.063, Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 736.0103, Fla. Stat. Definitions. § 738.102, Fla. Stat. Definitions. § 739.102, Fla. Stat. Definitions. § 744.102, Fla....
...Adds statutory references. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.063(17), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(4), (9), (11), (14), (22) Fla....
...2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Subsequent subdivisions relettered. 2008 Revision: Subdivision (k) added to include guardian advocates. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(11), Fla....
...Citation form changes in committee notes. 2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(8), (9), Fla....
...Constitutional Reference Art. I, § 23, Fla. Const. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 709.08, Fla. Stat. Durable power of attorney. § 731.302, Fla. Stat. Waiver and consent by interested person. § 744.102, Fla....
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Wixtrom v. Dep't of Child. & Families, 864 So. 2d 534 (Fla. 5th DCA 2004).

Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 161

...Walter, 464 So.2d 538, 539-540 (Fla.1985); First Union Nat’l Bank v. Turney, 839 So.2d 774 (Fla. 1st DCA 2003); Dixon v. City of Jacksonville, 774 So.2d 763, 765 (Fla. 1st DCA 2000). *538 ANALYSIS On its face, Chapter 744, which governs guardianships, does not provide for the appointment of a guardian for a fetus. Section 744.102, the definitions section of Chapter 744, defines the terms, “guardian,” 6 “ward,” 7 and other terms used within the chapter, but it does not define or use the term, “fetus.” Furthermore, the term, “fetus” is not used i...
...ction rather than judicial legislation). Finding no mention of the term, “fetus” in Chapter 744 and no Florida case interpreting the chapter to include fetuses, we conclude that the provisions of Chapter 744 do not apply to a fetus. Furthermore, section 744.102(8), Florida Statutes, defines a “guardian” as “a person who has been appointed by the court to act on behalf of a ward’s person or property or both.” A “ ‘ward’ means a person for whom a guardian has been appointed.” § 744.102(19), Fla....
...filed a Suggestion of Birth with this court on 12 September 2003: 1. That on Saturday, August 30, 2003 at 10:00 o’clock a.m. in Orange County, Florida, J.D.S. gave birth by cesarean section to a baby girl known as Baby S. 2. Baby S weighed 6 pounds, 7 ounces and her length was 21íá inches. . § 744.102(8), Fla. Stat. (2003). . § 744.102(19), Fla....
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Silveira v. Guardianship of Quiroga, 156 So. 3d 574 (Fla. 3d DCA 2015).

Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 1000, 2015 WL 350723

...or presenting an oral argument unless otherwise ordered, but allowed GPDC to file a memorandum of points and authorities in support of its position. 6 unless a rule indicates otherwise”), or in the Florida Guardianship Law, see §744.102(9) (defining a “guardian” as “a person who has been appointed by the court to act on behalf of a ward’s person or property, or both”)....
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Ricketts v. Haynes, 630 So. 2d 1232 (Fla. 2d DCA 1994).

Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 336, 1994 WL 22577

HALL, A.C.J., dissents with opinion. . See § 744.102(8), Fla.Stat. (1991). . The issue of whether
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In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 732.526, Fla. Stat. Probate. § 736.0103, Fla. Stat. Definitions. § 738.102, Fla. Stat. Definitions. § 739.102, Fla. Stat. Definitions. § 744.102, Fla....
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Comas v. S. Bell Tel. & Tel. Co., 657 F. Supp. 117 (S.D. Fla. 1987).

Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 2973

or both, of an incompetent.” Fla. Stat.Ann. § 744.102 (West 1986). It is not a relationship which is
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In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...1996 Revision: Adds filing and service provisions consistent with rule 5.560. Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References § 744.102(34), (4314), Fla....
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In re Rules of Prob. & Guardianship Procedure, 517 So. 2d 675 (Fla. 1987).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 10, 1987 Fla. LEXIS 2677, 1987 WL 29333

are substantially similar to those found in section 744.102 and that the *676meaning of the words “public
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.08709.2101–709.2402, Fla. Stat. Durable power of attorneyFlorida Power of Attorney Act. § 731.302, Fla. Stat. Waiver and consent by interested person. § 744.102, Fla....
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In Re: Amendments to Florida Prob. Rules - 2023 Legislation (Fla. 2023).

Published | Supreme Court of Florida

exercise the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.) The respondent has the
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Kemp v. Berschback (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal

...ointed counsel to the alleged incapacitated person and for the members of the examining committee. Upon a determination of incapacity in accord with section 744.331, the trial court may appoint a plenary or a limited guardian. See §§ 744.102(9)(a), (b), .3371, .344. A plenary guardian is authorized to exercise all delegable powers of the incapacitated person, while a limited guardian is authorized to exercise only those powers specifically delineated in a court order. See § 744.102(9)(a), (b). Simultaneously with her petition for appointment of a plenary guardian, Ms....
...Berschback argues, however, that the term "guardian" in section 744.108(1) can refer only to a guardian appointed upon a determination of incapacity and not to an emergency temporary guardian appointed prior to such a determination. We disagree. Section 744.102(9) defines the term "guardian" for purposes of the Florida Guardianship Law as "a person who has been appointed by the court to act on behalf of a ward's person or property, or both." We see no indication in section 744.108(1), or i...
...temporary guardianship statute, appointed Ms. Yates to "act on behalf of" Mr. Beck's "person or property." The only question, then, is whether Mr. Beck was a ward within the meaning of the statutory definition of the term "guardian." Section 744.102(22) defines the term "ward" as "a person for whom a guardian has been appointed." While that definition may be useful for other purposes, it does not help answer the question of whether an emergency temporary guardian is a guardian as defined by section 744.102(9); saying that a ward is a person for whom a guardian has been appointed provides no useful information when the purpose of consulting the definition of ward is to determine whether a particular class of persons— here, emergency...
...n 744.3031, we acknowledge that we are looking to statutory context and not the ordinary, everyday meaning of the term "ward." We do so because the statute clearly demonstrates that whatever the ordinary meaning of ward is, when that term is used in section 744.102(22), it includes a person subject to an emergency temporary guardianship....
...se"). Moreover, notwithstanding the fact that the statutory definition of ward is unhelpful to resolving this case, it remains a defined term, and the ordinary meaning of that term is even broader than the definition the legislature gave it. Compare § 744.102(22) (defining ward only as "a person for whom a guardian has been appointed"), with Webster's Third New Int'l Dictionary (1986) (defining "ward," inter alia, as "a person who is under guard, protection, or surveillance")....
...er, because an emergency temporary guardian had been appointed. It held that the alleged incapacitated person was "a ward during the pendency of the incapacity proceeding because an emergency temporary guardian was appointed for her." Id. (citing § 744.102(22)). The understanding that the person subject to an emergency temporary guardianship is a ward is shared by other judicial decisions and the Florida Rules of Probate....