Florida Statute 744.102 - 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. 744.102

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 CourtListener

Amendments to 744.102

Annotations, Discussions, Cases:

Cases Citing Statute 744.102

Total Results: 55

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

determine capacity and to appoint a guardian. [2] Section 744.102(12), Florida Statutes (2006), defines an "incapacitated

In Re Guardianship of Schiavo

792 So. 2d 551, 2001 WL 770772

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 1735492

Cited 16 times | Published

appear that they qualified as "next of kin," see § 744.102(12), Fla. Stat. (1997), they were "interested

Lusker v. Guardianship of Lusker

434 So. 2d 951

District Court of Appeal of Florida | Filed: Jun 3, 1983 | Docket: 1693178

Cited 8 times | Published

failed to appeal the first order. We disagree. Section 744.102(10), Florida Statutes (1981), defines "standby

Cason Ex Rel. Saferight v. Hammock

908 So. 2d 512, 2005 WL 1488650

District Court of Appeal of Florida | Filed: Jun 24, 2005 | Docket: 1398191

Cited 7 times | Published

[1] An "incapacitated person" is defined in section 744.102(10), Florida Statutes (2003), as "a person

Stepp v. Stepp

520 So. 2d 314, 1988 WL 13708

District Court of Appeal of Florida | Filed: Feb 24, 1988 | Docket: 1299913

Cited 7 times | Published

person or property, or both, of an incompetent." § 744.102(1), Fla. Stat. (1985) (Emphasis supplied). The

Scannavino v. Florida Department of Corrections

242 F.R.D. 662, 2007 U.S. Dist. LEXIS 41579, 2007 WL 1557477

District Court, M.D. Florida | Filed: Apr 30, 2007 | Docket: 66030419

Cited 6 times | Published

(“Florida Statutes do not define ‘capacity.’ ”). Section 744.102(10), Florida Statutes, *664defines an “incapacitated

Harmon v. Williams

596 So. 2d 1139, 1992 WL 51242

District Court of Appeal of Florida | Filed: Mar 18, 1992 | Docket: 1295787

Cited 6 times | Published

property as does a guardian of the property. See § 744.102(9), Fla. Stat. (1989). Thus, neither the attorney

Bergman v. Serns

443 So. 2d 130

District Court of Appeal of Florida | Filed: Dec 6, 1983 | Docket: 1746788

Cited 6 times | Published

proper." § 744.371, Fla. Stat. (1981); see also § 744.102(15), Fla. Stat. (1981). These statutes invest

State v. Earl

649 So. 2d 297, 1995 WL 18384

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 2511227

Cited 5 times | Published

section 744.301(1), as further defined in section 744.102(1), the mother of a child born out of wedlock

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

524, Florida Statutes. Statutory References § 744.102(7) and (8), Fla. Stat. Definitions. § 744.201

D.H. v. Adept Community Services, Inc.

271 So. 3d 870

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119865

Cited 4 times | Published

behalf of a ward's person or property, or both." § 744.102(9), Fla. Stat. (2006).8 The statute also distinguishes

Gomez v. Fradin

199 So. 3d 554, 2016 Fla. App. LEXIS 13809, 2016 WL 4916852

District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 60256641

Cited 4 times | Published

pending to represent a ward in that proceeding. § 744.102(10), Fla. Stat. (2016). More importantly, nothing

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

behalf of a ward’s person or property, or both.” § 744.102(9), Fla. Stat. (2012). The guardian of a ward’s

State v. Badalich

479 So. 2d 197, 10 Fla. L. Weekly 2576

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 463649

Cited 4 times | Published

wedlock is the natural guardian of the child." Section 744.102(1) defines the term "guardian" as "one to whom

Artigas v. Winn Dixie Stores, Inc.

578 So. 2d 356, 1991 WL 46823

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 1525359

Cited 3 times | Published

exclusively conferred upon the circuit courts. See Section 744.102(4) and Sections 744.387 744.447, Florida

In Re Guardianship of Jansen

405 So. 2d 1074, 1981 Fla. App. LEXIS 21665

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1348437

Cited 3 times | Published

The appointment was also in accordance with section 744.102(2), which defines "guardian ad litem" as follows:

Yazdzik v. Scott

129 So. 3d 482, 2014 WL 51382, 2014 Fla. App. LEXIS 126

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60237417

Cited 2 times | Published

the ward is indigent, by the state.”); see also § 744.102(9) (defining “guardian” as “a person who has been

In Re Guardianship of JDS

864 So. 2d 534, 2004 WL 42619

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1426074

Cited 2 times | Published

the appointment of a guardian for a fetus. Section 744.102, the definitions section of Chapter 744, defines

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

Definitions. § 739.102, Fla. Stat. Definitions. § 744.102, Fla. Stat. Definitions. RULE 5.040. NOTICE (a)

In Re Amendments to the Florida Probate Rules

959 So. 2d 1170, 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1525727

Cited 1 times | Published

Committee notes revised. Statutory References § 744.102(7),(8),(9), Fla. Stat. Definitions. § 744.201

Beckford v. in Re: Guardianship of Wayne Astor Beckford

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472154

Published

on behalf of the ward." § 744.108(1). Section 744.102(9) defines "guardian" as "a

Richard Ticktin v. Guardianship of Steven Howard Ticktin

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68908211

Published

guardianship estate.” § 744.108(8), Fla. Stat. Section 744.102, Florida Statutes (2021), provides separate

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088044

Published

exercise the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.) The respondent has the

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Published

Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions. § 744.104, Fla

BETH ANN ELISA ERLANDSSON v. THE GUARDIANSHIP OF BETH ANN ELISA ERLANDSSON

District Court of Appeal of Florida | Filed: May 6, 2020 | Docket: 17131153

Published

the rules regulating The Florida Bar. § 744.102(1), Fla. Stat. (2019) (emphasis added). Representation

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

§ 739.102, Fla. Stat. Definitions. § 744.102, Fla. Stat. Definitions.

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions.

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions.

Kemp v. Berschback

204 So. 3d 143, 2016 Fla. App. LEXIS 17250

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540928

Published

specifically delineated in a court order. See § 744.102(9)(a), (b). *146 Simultaneously

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

200 So. 3d 761, 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Supreme Court of Florida | Filed: Sep 15, 2016 | Docket: 4422158

Published

Capacity; appointment of guardian advocate. § 744.102(8), (9), Fla. Stat. Definitions. § 744.201744

Kemp v. Berschback

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118418

Published

specifically delineated in a court order. See § 744.102(9)(a), (b). Simultaneously with

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

petition for annulment of his marriage. Further, section 744.102(1), Florida Stat*918utes, defines the role

Lutheran Services Florida, Inc. v. Department of Children & Families

199 So. 3d 286, 2015 Fla. App. LEXIS 17914, 2015 WL 7566262

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 60256572

Published

who has been adjudicated incapacitated under section 744.102(12), as Mr. Perón has, cannot receive medically

Pamela Barrier, etc. v. JFK Medical Center Limited Partnership, etc., Palm Beach Emergency Medical Associates, P.L., etc., Jason Sevald, M.D., Armor Correctional Health Services, Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., and Pierre Dorsainvil, M.D.

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679257

Published

necessary to care for his or her person or property.” § 744.102(9)(b), Fla. Stat. (2010). However, in another

Barrier v. JFK Medical Center Ltd. Partnership

169 So. 3d 185, 2015 Fla. App. LEXIS 9264, 2015 WL 3759641

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248867

Published

guardian, as that is how section 744.102(9)(b) defines “plenary guardian.” See § 744.102(9)(b), Fla. Stat. (2010)

Silveira v. Guardianship of Quiroga

156 So. 3d 574, 2015 Fla. App. LEXIS 1000, 2015 WL 350723

District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628625

Published

the Florida Guardianship Law, see § 744.102(9) (defining a “guardian” as “a person who has

In Re AMENDMENTS TO FLORIDA PROBATE RULE 5.590

150 So. 3d 1100, 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899

Supreme Court of Florida | Filed: Nov 6, 2014 | Docket: 2593367

Published

Capacity; appointment of guardian advocate. § 744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions

Guardianship of Rawl v. Rawl

133 So. 3d 1179, 2014 WL 889050

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238716

Published

the delegable rights and powers of the Ward. § 744.102(9)(b). . We find no merit in Mr. Rawl’s assertion

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

developmental disabilities. As provided by section 744.102(11), the term "guardian advocate" as used in

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

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

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

his sons to have him declared incapacitatéd. Section 744.102(10), Florida Statutes (2003), defines an “incapacitated

Wixtrom v. Department of Children & Families

864 So. 2d 534, 2004 Fla. App. LEXIS 161

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827650

Published

the appointment of a guardian for a fetus. Section 744.102, the definitions section of Chapter 744, defines

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Trust-companies and other corporations — and associations. § 744.102(3), (13), Fla. Stat. Definitions. § 744.309, Fla

Mortgage Electronic Registration Systems, Inc. v. Reyes

819 So. 2d 913, 2002 Fla. App. LEXIS 8565, 2002 WL 1332512

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 64816103

Published

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

Amendments to the Florida Probate Rules

778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 64803740

Published

Definitions. § 731.201, Fla. Stat. General definitions. § 744.102, Fla. Stat. Definitions. Rule 5.040. Notice (a)

Ricketts v. Haynes

630 So. 2d 1232, 1994 Fla. App. LEXIS 336, 1994 WL 22577

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746027

Published

HALL, A.C.J., dissents with opinion. . See § 744.102(8), Fla.Stat. (1991). . The issue of whether

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

changes in committee notes. Statutory References § 744.102(7)t and (8), Fla.Stat. Definitions. § 744.201

Glatthar v. Hoequist

600 So. 2d 1205, 1992 Fla. App. LEXIS 5821, 1992 WL 118343

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668539

Published

for his person or property, (emphasis supplied) § 744.102(8)(b), Fla.Stat. (1991). With the court’s prior

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

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

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

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

Rodriguez v. Levin

524 So. 2d 1107, 13 Fla. L. Weekly 1119, 1988 Fla. App. LEXIS 1868, 1988 WL 44490

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 64634728

Published

pending to represent a ward in that litigation.” § 744.102(2), Fla.Stat. (1987). There is a fiduciary relationship

In re Rules of Probate & Guardianship Procedure

517 So. 2d 675, 13 Fla. L. Weekly 10, 1987 Fla. LEXIS 2677, 1987 WL 29333

Supreme Court of Florida | Filed: Dec 23, 1987 | Docket: 64631759

Published

are substantially similar to those found in section 744.102 and that the *676meaning of the words “public

Parr v. Cushing

507 So. 2d 1227, 12 Fla. L. Weekly 1408, 1987 Fla. App. LEXIS 8589

District Court of Appeal of Florida | Filed: Jun 4, 1987 | Docket: 64627499

Published

had an equitable property interest pursuant to § 744.102(7); 5. All or some of the trust res was outside

Comas v. Southern Bell Telephone & Telegraph Co.

657 F. Supp. 117, 1987 U.S. Dist. LEXIS 2973

District Court, S.D. Florida | Filed: Feb 27, 1987 | Docket: 66170676

Published

or both, of an incompetent.” Fla. Stat.Ann. § 744.102 (West 1986). It is not a relationship which is

Jackson v. Jackson

432 So. 2d 695, 1983 Fla. App. LEXIS 19553

District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 64597423

Published

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