Florida Statute 744.107 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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744.107 Court monitors.—

(1) The court may, upon inquiry from any interested person or upon its own motion in any proceeding over which it has jurisdiction, appoint a monitor. The court shall not appoint as a monitor a family member or any person with a personal interest in the proceedings. The order of appointment shall be served upon the guardian, the ward, and such other persons as the court may determine.

(2) The monitor may investigate, seek information, examine documents, or interview the ward and shall report to the court his or her findings. The report shall be verified and shall be served on the guardian, the ward, and such other persons as the court may determine.

(3) If it appears from the monitor’s report that further action by the court to protect the interests of the ward is necessary, the court shall, after a hearing with notice, enter any order necessary to protect the ward or the ward’s estate, including amending the plan, requiring an accounting, ordering production of assets, freezing assets, suspending a guardian, or initiating proceedings to remove a guardian.

(4) Unless otherwise prohibited by law, a monitor may be allowed a reasonable fee as determined by the court and paid from the property of the ward. No full-time state, county, or municipal employee or officer shall be paid a fee for such investigation and report. If the court finds the motion for court monitor to have been filed in bad faith, the costs of the proceeding, including attorney’s fees, may be assessed against the movant.

(5) The court may appoint the office of criminal conflict and civil regional counsel as monitor if the ward is indigent.

History.—ss. 18, 26, ch. 75-222; s. 10, ch. 89-96; s. 4, ch. 90-271; s. 1068, ch. 97-102; s. 2, ch. 2006-77; s. 2, ch. 2015-83.

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Amendments to 744.107

Annotations, Discussions, Cases:

Cases Citing Statute 744.107

Total Results: 11 | 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

...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." [3] The circuit court was authorized to appoint a monitor under section 744.107, Florida Statutes (2006). This section provides that "[t]he monitor may investigate, seek information, examine documents, or interview the ward, and shall report to the court his or her findings." § 744.107(2), Fla....

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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

...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. Stat. (2003). [8] § 768.19, Fla. Stat. (1993). [9] § 827.04(1), Fla. Stat. (1987). [10] § 744.3215(4)(e), Fla. Stat. (2003). [11] § 744.3725, Fla. Stat. (2003). [12] § 744.107, Fla....

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Keithly v. Vance, 854 So. 2d 854 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 14550, 2003 WL 22213630

...ed checks related to the guardianship from its inception. We affirm. Beginning in 1994, Barbara Keithly served as guardian for Donald Crosley. In November 2001, the probate court entered an order appointing Carol Vance as Special Monitor pursuant to section 744.107, Florida Statutes (2001)....

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In re Guardianship of Anderson, 568 So. 2d 958 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7447, 1990 WL 142521

...This is a consolidated appeal of three rulings by the probate court regarding termination of a ward’s voluntary guardianship. The first order appealed required unimpeded access by the guardian to the ward; the second appointed a visitor pursuant to section 744.107, Florida Statutes (1987), to investigate allegations of undue influence; and the third order refused to vacate a previous order setting a hearing at the request of the guardian on the continued need for the guardianship....

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Murphey v. Catholic Charities of the Diocese of Palm Beach, Inc., 630 So. 2d 591 (Fla. 3d DCA 1993).

Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 10324, 1993 WL 406652

then appoint a court monitor, pursuant to section 744.107, to report to the court and guardian ad litem

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Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

...hat Ms. Swan neglected and exploited her uncle’s income, assets, and property in violation of her fiduciary duty as guardian. See § 744.446, Fla. Stat. (2009). 2 Count I *1208 of the petition asked the trial court to appoint a monitor pursuant to section 744.107(1), which allows the court to appoint a monitor “upon inquiry from any interested person.” Count II sought appointment of a guardian ad litem to investigate potential elderly exploitation claims against Ms....

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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

...guardian (Glatt-har) has a conflict of interest to such a degree he should be removed as guardian, and an impartial successor appointed in his place. 6 If no such compelling conflict exists, then the court could appoint a court monitor, pursuant to section 744.107, 7 to report to the court and guardian ad litem as to whether or not any exercise of powers pursuant to section 744.441 is advisable and in the ward’s best interest....

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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 This rule applies to the non-emergency appointment of court monitors. Rule History 2006 Revision: New rule. 2008 Revision: Editorial change in (d). Committee notes revised. *603 Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.107, Fla....

...Inspection of report. RULE 5.725. EMERGENCY COURT MONITOR (a)(f) [No Change] Committee Notes Rule History 2006 Revision: New rule. 2008 Revision: Committee notes revised. Statutory references § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.1075, 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

...Baby S weighed 6 pounds, 7 ounces and her length was 21íá inches. . § 744.102(8), Fla. Stat. (2003). . § 744.102(19), Fla. Stat. (2003). . § 768.19, Fla. Stat. (1993). . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla. Stat. (2003). . § 744.107, Fla....

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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

...Notice of the hearing; shall be served on the guardian, the ward, and such other persons as the court may determine. Committee Notes This rule applies to the non-emergency appointment of court monitors. Rule History 2006 Revision: New rule. Statutory References § 744.107, Fla....

...roperty of the ward, *757 the order or injunction shall be served on the guardian, the ward, the ward’s attorney, if any, and such other persons as the court may determine. Committee Notes Rule History 2006 Revision: New rule. Statutory references § 744.1075, Fla....

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Gerren v. State, 672 So. 2d 85 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3903, 1996 WL 185372

...Sanders and the Gerrens involved an economic conflict of interest and that Ms. Meyer and her property might be at risk. As a result, the trial court, on its own motion, appointed an attorney ad litem to represent Ms. Meyer. It also appointed a monitor pursuant to section 744.107, Florida Statutes (1989)....