The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.102

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

F.S. 744.102 on Casetext

Amendments to 744.102

Arrestable Offenses / Crimes under Fla. Stat. 744.102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.102.

Annotations, Discussions, Cases:

Cases from cite.case.law:

D. H. v. ADEPT COMMUNITY SERVICES, INC., 271 So. 3d 870 (Fla. 2018)

. . . ." § 744.102(9), Fla. Stat. (2006). . . . . § 744.102(9)(a), and a "Plenary guardian," who exercises "all delegable rights and powers of the ward . . . Id. § 744.102(9)(b). . . . court ... in which a particular legal matter is pending to represent a ward in that proceeding ." § 744.102 . . . See § 744.102(9), Fla. Stat. (2018). . . .

IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE- OUT- OF- CYCLE REPORT, 234 So. 3d 565 (Fla. 2018)

. . . s. 733.308, a curator as described in s, 733.501, a guardian or guardian ad litem as defined in s. 744.102 . . .

In GUARDIANSHIP OF E. BECK, E. II, J. v. R. E., 204 So.3d 143 (Fla. Dist. Ct. App. 2016)

. . . See §§ 744.102(9)(a), (b), .3371, .344. . . . See § 744.102(9)(a), (b). . . . Section 744.102(9) defines the term “guardian” for purposes of the Florida Guardianship Law as “a person . . . Section 744.102(22) defines the term “ward” as “a person for whom a guardian has been appointed.” . . . (citing § 744.102(22)). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 200 So. 3d 761 (Fla. 2016)

. . . . § 744.102(8), (9), Fla. Stat. Definitions. § 744.201744.1096, Fla. Stat. . . .

GOMEZ, A. A. E. v. FRADIN,, 199 So. 3d 554 (Fla. Dist. Ct. App. 2016)

. . . . § 744.102(10), Fla. Stat. (2016). . . .

BIVINS, v. ROGERS, Jr., 207 F. Supp. 3d 1321 (S.D. Fla. 2016)

. . . s. 733.308, a curator as described in s. 733.501, a guardian or guardian ad litem as defined in s. 744.102 . . .

SMITH, v. J. SMITH,, 199 So. 3d 911 (Fla. Dist. Ct. App. 2016)

. . . Further, section 744.102(1), Florida Statutes, defines the role of an attorney for an alleged incapacitated . . . alleged incapacitated person to the extent it is consistent with the rules' regulating The Florida Bar. § 744.102 . . .

LUTHERAN SERVICES FLORIDA, INC. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 199 So. 3d 286 (Fla. Dist. Ct. App. 2015)

. . . But a person who has been adjudicated incapacitated under section 744.102(12), as Mr. . . .

ZELMAN, v. ZELMAN,, 175 So. 3d 871 (Fla. Dist. Ct. App. 2015)

. . . Rogers, 147 So.3d 549, 550 (Fla. 4th DCA 2014) (citing §§ 744.102(14), 744.331(1), 744.3371(1), Fla. . . .

BARRIER, A. v. JFK MEDICAL CENTER LIMITED PARTNERSHIP, d b a JFK P. L. a M. D. a L. P. N. L. P. N. L. P. N. J. M. D. M. D., 169 So. 3d 185 (Fla. Dist. Ct. App. 2015)

. . . interpret this language in Thomas as referring to a permanent plenary guardian, as that is how section 744.102 . . . See § 744.102(9)(b), Fla. Stat. (2010). . . .

MARTINEZ, v. GUARDIANSHIP OF J. SMITH,, 159 So. 3d 394 (Fla. Dist. Ct. App. 2015)

. . . guardian gave rise to a rebuttable presumption that she was entitled to the appointment under sections 744.102 . . .

Q. SILVEIRA, v. QUIROGA,, 156 So. 3d 574 (Fla. Dist. Ct. App. 2015)

. . . a guardian advocate unless a rule indicates otherwise”), or in the Florida Guardianship Law, see § 744.102 . . .

In AMENDMENTS TO FLORIDA PROBATE RULE, 150 So. 3d 1100 (Fla. 2014)

. . . . § 744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions. § 744.3085, Fla. Stat. . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . .” § 744.102(9), Fla. Stat. (2012). . . . where the “guardianship estate” includes “the property of [the] ward subject to administration.” § 744.102 . . . See § 744.102(17), Fla. . . .

BIVINS, v. ROGERS,, 147 So. 3d 549 (Fla. Dist. Ct. App. 2014)

. . . See §§ 744.102(14), 744.331(1), 744.3371(1), Fla. Stat. (2012). . . .

In GUARDIANSHIP OF RAWL, M. v. R., 133 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . . § 744.102(9)(b). . We find no merit in Mr. . . .

In GUARDIANSHIP OF W. KLATTHAAR. W. v. J. B. RN S. S. LMHC, PA J. MD,, 129 So. 3d 482 (Fla. Dist. Ct. App. 2014)

. . . .”); 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 . . .

In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . notices and copies of pleadings, as provided in the Florida Probate Rules, unless waived by the court. . 744.102 . . .

B. FAULKNER, v. FAULKNER, F., 65 So. 3d 1167 (Fla. Dist. Ct. App. 2011)

. . . See § 744.102(22), Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . As provided by section 744.102(11), the term “guardian advocate” as used in the Florida Guardianship . . . Definitions. § 744.102, Fla. Stat. Definitions. RULE 5.020. . . . Capacity; appointment of guardian advocate. § 744.102(4), (9), (11), (14), (22) Fla. Stat. . . . Capacity; appointment of guardian advocate. § 744.102(8), (9), Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . Definitions. § 744.102, Fla. Stat. Definitions. RULE 5.040. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . Statutory References § 744.102(⅞(8),(9), Fla. Stat. Definitions. § 744.201, Fla. Stat. . . .

J. SCANNAVINO, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 242 F.R.D. 662 (M.D. Fla. 2007)

. . . Section 744.102(10), Florida Statutes, defines an “incapacitated person” as “a person who has been judicially . . . Stat. § 744.102(10) (2006). . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . Statutory References § 744.102(34), (4314), Fla. Stat. Definitions. § 744.309, Fla. Stat. . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . Section 744.102(12), Florida Statutes (2006), defines an “incapacitated person” as “a person who has . . . See § 744.102(9), Fla. . . . person who has been appointed by the court to act on behalf of a ward's person or property, or both”); § 744.102 . . . were deceased and includes the lineal descendants of the ward or alleged incapacitated person”); § 744.102 . . .

CASON, o b o SAFERIGHT, v. HAMMOCK,, 908 So. 2d 512 (Fla. Dist. Ct. App. 2005)

. . . An “incapacitated person” is defined in section 744.102(10), Florida Statutes (2003), as "a person who . . . person under 18 years of age whose disabilities have not been removed by marriage or otherwise.” § 744.102 . . . See § 744.102(11), (12), Fla. Stat. (2004)). Therefore, a minor is not an incapacitated person. . . . person who has been appointed by the court to act on behalf of a ward’s person or property, or both.” § 744.102 . . .

J. McJUNKIN, v. J. McJUNKIN L., 896 So. 2d 962 (Fla. Dist. Ct. App. 2005)

. . . Section 744.102(10), Florida Statutes (2003), defines an “incapacitated person” as “a person who has . . .

In GUARDIANSHIP OF J. D. S. v., 864 So. 2d 534 (Fla. Dist. Ct. App. 2004)

. . . Section 744.102, the definitions section of Chapter 744, defines the terms, “guardian,” “ward,” and other . . . Furthermore, section 744.102(8), Florida Statutes, defines a “guardian” as “a person who has been appointed . . . A “ ‘ward’ means a person for whom a guardian has been appointed.” § 744.102(19), Fla. Stat. . . . Baby S weighed 6 pounds, 7 ounces and her length was 21íá inches. . § 744.102(8), Fla. . . . . § 744.102(19), Fla. Stat. (2003). . § 768.19, Fla. Stat. (1993). . § 827.04(1), Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.102(3), (13), Fla. Stat. Definitions. § 744.309, Fla. Stat. . . .

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. REYES,, 819 So. 2d 913 (Fla. Dist. Ct. App. 2002)

. . . Levin, 524 So.2d 1107 (Fla. 3d DCA 1988); § 744.102(9), Fla. Stat. (2001). . . .

In GUARDIANSHIP SCHIAVO, v. v., 792 So. 2d 551 (Fla. Dist. Ct. App. 2001)

. . . Although it would not appear that they qualified as “next of kin,” see § 744.102(12), Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . General definitions. § 744.102, Fla. Stat. Definitions. Rule 5.040. . . .

STATE v. EARL,, 649 So. 2d 297 (Fla. Dist. Ct. App. 1995)

. . . explained in Bada-lich that under the 1983 version of section 744.301(1), as further defined in section 744.102 . . . guardian of the child, The mother of a child bom out of wedlock is the natural guardian of the child, . § 744.102 . . .

RICKETTS, v. HAYNES, L., 630 So. 2d 1232 (Fla. Dist. Ct. App. 1994)

. . . See § 744.102(8), Fla.Stat. (1991). . . . .

B. HARPER, v. E. HARPER,, 608 So. 2d 517 (Fla. Dist. Ct. App. 1992)

. . . See §§ 744.102(10), 744.3201, Fla.Stat. (1989). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . F§4 744.102, Fla.Stat. Definitions. RULE 5.020. . . . Statutory References § 744.102(7)t and (8), Fla.Stat. Definitions. § 744.201, Fla.Stat. . . . Waiver and consent by interested person. § 744.102, Fla.Stat. Definitions. § 744.104, Fla.Stat. . . .

GLATTHAR, v. E. HOEQUIST,, 600 So. 2d 1205 (Fla. Dist. Ct. App. 1992)

. . . capacity to perform all of the tasks necessary to care for his person or property, (emphasis supplied) § 744.102 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . Statutory References § 744.102(7) and (8), Fla.Stat. Definitions. § 744.201, Fla.Stat. . . . Waiver and consent by interested person. § 744.102, Fla.Stat. Definitions. § 744.104, Fla.Stat. . . .

ARTIGAS, v. WINN DIXIE STORES, INC., 578 So. 2d 356 (Fla. Dist. Ct. App. 1991)

. . . See Section 744.102(4) and Sections 744.387 — 744.447, Florida Statutes (1989). . . .

L. SYNA v. LEWEN, 549 So. 2d 755 (Fla. Dist. Ct. App. 1989)

. . . A trial court may appoint a guardian ad litem to represent a ward in litigation before it, §§ 744.102 . . .

AMERICAN PROTECTORS LIFE INSURANCE COMPANY, v. SEPULVEDA,, 541 So. 2d 778 (Fla. Dist. Ct. App. 1989)

. . . On remand, the trial court is directed to appoint a guardian ad litem pursuant to sections 744.102(2) . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . See FPR 5.190 and 5.540 and also F.S. 731.201 and F.S. 744.102. 1988 Revision: Rule was expanded due . . . F.S. 744.102 Definitions. RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS (a) Forms of pleading. . . . that the definitions in the rule are the same as or substantially similar to those contained in F.S. 744.102 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . See FPR 5.190 and 5.540 and also F.S. 731.201 and F.S. 744.102. 1988 Revision: Rule was expanded due . . . F.S. 744.102 Definitions. Committee Vote: Unanimous RULE 5.020. . . . 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). . . . that the definitions in the rule are the same as or substantially similar to those contained in P.S. 744.102 . . .

RODRIGUEZ, v. LEVIN,, 524 So. 2d 1107 (Fla. Dist. Ct. App. 1988)

. . . .” § 744.102(2), Fla.Stat. (1987). There is a fiduciary relationship between the guardian and ward. . . .

STEPP, v. STEPP,, 520 So. 2d 314 (Fla. Dist. Ct. App. 1988)

. . . .” § 744.102(1), Fla.Stat. (1985) (Emphasis supplied). . . .

In RULES OF PROBATE AND GUARDIANSHIP PROCEDURE PUBLIC GUARDIANSHIP, 517 So. 2d 675 (Fla. 1987)

. . . deleted because the definitions contained therein are substantially similar to those found in section 744.102 . . . Ruling — Since neither section 744.102 nor part IX, chapter 744, specifically describes the meaning of . . .

L. PARR A. a k a v. CUSHING,, 507 So. 2d 1227 (Fla. Dist. Ct. App. 1987)

. . . Grace Harrell, as beneficiary of the trust, had an equitable property interest pursuant to § 744.102( . . .

COMAS, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 657 F. Supp. 117 (S.D. Fla. 1987)

. . . . § 744.102 (West 1986). It is not a relationship which is taken lightly. . . .

STATE v. BADALICH,, 479 So. 2d 197 (Fla. Dist. Ct. App. 1985)

. . . Section 744.102(1) defines the term “guardian” as “one to whom the law has entrusted the custody and . . .

BERGMAN, v. R. SERNS,, 443 So. 2d 130 (Fla. Dist. Ct. App. 1983)

. . . .” § 744.371, Fla.Stat. (1981); see also § 744.102(15), Fla.Stat. (1981). . . .

JACKSON, v. J. JACKSON,, 432 So. 2d 695 (Fla. Dist. Ct. App. 1983)

. . . The definition of “incompetent” is set forth in § 744.102(5) as “... a person who, because of minority . . .

E. LUSKER, v. GUARDIANSHIP OF LUSKER,, 434 So. 2d 951 (Fla. Dist. Ct. App. 1983)

. . . Section 744.102(10), Florida Statutes (1981), defines “standby guardian” as a person empowered to assume . . .

A. AHLMAN, v. F. WOLF,, 413 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . guardian, and (b) Give weight to the appointment of an individual, or corporation as described in s. 744.102 . . .

In GUARDIANSHIP OF K. JANSEN, 405 So. 2d 1074 (Fla. Dist. Ct. App. 1981)

. . . The appointment was also in accordance with section 744.102(2), which defines “guardian ad litem” as . . .

In GUARDIANSHIP OF QUINDT. THORPE, v. LARSEN,, 396 So. 2d 1217 (Fla. Dist. Ct. App. 1981)

. . . guardian, and (b) Give weight to the appointment of an individual, or corporation as described in s. 744.102 . . .

THE FLORIDA BAR. In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 387 So. 2d 949 (Fla. 1980)

. . . See also definitions in FGL 744.102. 1977 Revision: Editorial change in committee note. 1980 Revision . . . : Implements 1979 amendment to FGL 744.102 subsection (16). . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . . & G.P. 5.190 and 5.540 and also FPC 731.201 and FGL 744.102. RULE 5.020. . . . See also definitions in FGL 744.102. 1977 Revision: Editorial change in committee note. RULE 5.550. . . .

W. RODGERS, v. STATE, 338 So. 2d 1121 (Fla. Dist. Ct. App. 1976)

. . . This Court recognizes the multitude of statutes wherein reference is made to minors: Florida Statutes, 744.102 . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . See PGR 5.190 and 5.540 and also PFC 731.201 and FGL 744.102. PROPOSED RULE RULE 5.020. . . . See also definitions in PGL 744.102. PROPOSED RULE RULE 5.550. . . .