Florida Statute 744.3021 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3021

744.3021 Guardians of minors.—

(1) Except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian.

(2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court.

(3) In its discretion, the court may appoint an attorney to represent the interests of a minor at the hearing on the petition for appointment of a guardian.

(4) If a petition is filed pursuant to this section requesting appointment of a guardian for a minor who is the subject of any proceeding under chapter 39 and who is aged 17 years and 6 months or older, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings under s. 744.331. The alleged incapacitated minor under this subsection shall be provided all the due process rights conferred upon an alleged incapacitated adult pursuant to this chapter and applicable court rules. The order of adjudication under s. 744.331 and the letters of limited or plenary guardianship may issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this subsection shall be conducted separately from any other proceeding.

History.—s. 9, ch. 90-271; s. 6, ch. 2015-112.

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Amendments to 744.3021

Annotations, Discussions, Cases:

Cases Citing Statute 744.3021

Total Results: 11

Mc v. Dept. of Children and Family Serv.

814 So. 2d 449, 2001 Fla. App. LEXIS 16374

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1368703

Cited 6 times | Published

requested the appointment of a guardian for M.C. See § 744.3021, Fla. Stat. (1997); Fla. R. Juv. P. 8.215(a)

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

guardian appointed pursuant to Chapter 744. Under section 744.3021, any person interested in the welfare of a

In Re: Jane Doe 23-A

District Court of Appeal of Florida | Filed: Dec 15, 2023 | Docket: 68094337

Published

guardianship petition with the circuit court. See § 744.3021 Fla. Stat. (2023) (permitting family members

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744

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

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

Published

trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744

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

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564

Published

trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744

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

administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla

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

guardian appointed pursuant to Chapter 744. Under section 744.3021, any person interested in the welfare of a

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

administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla

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

administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla

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 § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla