Florida Statute 744.3045 - 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. 744.3045

744.3045 Preneed guardian.—

(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.

(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time.

(3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration.

(4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.

(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.

(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.

(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.

History.—s. 21, ch. 89-96; s. 12, ch. 90-271.

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Amendments to 744.3045

Annotations, Discussions, Cases:

Cases Citing Statute 744.3045

Total Results: 16

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

Statutes" and as "preneed guardian pursuant to section 744.3045, Florida Statutes." BROWARD CO., FLA.CODE

Butler v. Guardianship of Peacock

898 So. 2d 1139, 2005 Fla. App. LEXIS 4489, 2005 WL 735280

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 1448061

Cited 5 times | Published

So.2d 115 (Fla. 3d DCA 1980). According to section 744.3045(4) of the Florida Statutes, production of

Miller v. Goodell

958 So. 2d 952, 2007 WL 1201892

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1735036

Cited 3 times | Published

establish the trial court abused its discretion. Section 744.3045(4), Florida Statutes (2005), provides in pertinent

Davis v. King

686 So. 2d 763, 1997 WL 14154

District Court of Appeal of Florida | Filed: Jan 17, 1997 | Docket: 1676217

Cited 3 times | Published

filed a petition to intervene pursuant to section 744.3045, Florida Statutes (1995), claiming that she

Glenda Martinez Smith v. J. Alan Smith

224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146154

Cited 2 times | Published

event that person is declared incapacitated. See § 744.3045(1), Fla. Stat. (2016). . The hearing was related

Martinez v. Guardianship of Smith

159 So. 3d 394, 2015 Fla. App. LEXIS 3966, 2015 WL 1238445

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 60246583

Cited 2 times | Published

failing to apply the statutory presumption of section 744.3045(4), Florida Statutes (2012), where the ward

Acuna v. Dresner

41 So. 3d 997, 2010 Fla. App. LEXIS 11268, 2010 WL 3025111

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 1667916

Cited 2 times | Published

Moreover, Florida's preneed guardian statute, section 744.3045, Florida Statutes (2009), provides for a statutory

In Re Estate of Salley

742 So. 2d 268, 1997 WL 537376

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1302976

Cited 1 times | Published

person as well as her property, pursuant to section 744.3045, Florida Statutes (1995). By agreed order

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Supreme Court of Florida | Filed: Sep 5, 2024 | Docket: 69131363

Published

Supported decisionmaking agreements. § 744.3045, Fla. Stat. Preneed guardian. § 765.101

Orlando G. Silva v. Jorge E. Silva

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68161739

Published

final for purposes of appeal. The second is section 744.3045(4), Florida Statutes (2023), Florida’s preneed

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

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299021

Published

744.104, Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian.” On p. 14, under

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

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

Published

- 12 - § 744.3045, Fla. Stat. Preneed guardian. § 744.3115

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Published

Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian. § 744.3115

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

Court approval.” This was in compliance with section 744.3045(2)(a), Florida Statutes (2013). Although Smith’s

Koshenina v. Buvens

130 So. 3d 276, 2014 WL 304889, 2014 Fla. App. LEXIS 1363

District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60237708

Published

ruling applied an incorrect legal standard. Section 744.3045(4), Florida Statutes (2010), provides in pertinent

Gallagher v. Comprehensive Personal Care Services, Inc.

742 So. 2d 268, 1997 Fla. App. LEXIS 10256

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64791335

Published

person as well as her property, pursuant to section 744.3045, Florida Statutes (1995). By agreed order