CopyCited 25 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 11893, 2000 WL 1345513
...Under the Act, a registered domestic partner has "the same right as any other individual to be designated as health care surrogate of his or her domestic partner pursuant to Part II of Chapter 765, Florida Statutes" and as "preneed guardian pursuant to section 744.3045, Florida Statutes." BROWARD CO., FLA.CODE §§ 16½-159, 16½-160 (1999)....
...Preneed guardian designation. Any person who is a party to a registered domestic partnership relationship, pursuant to section 16½-153 of this act, shall have the same right as any other individual to be designated as a preneed guardian pursuant to section 744.3045, Florida Statutes, and to serve in such capacity in the event of his or her declarant domestic partner's incapacity....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 4489, 2005 WL 735280
...rendered is within the discretion of the trial court and that determination will not be disturbed on appeal unless there is a lack of competent substantial evidence to support the award. Gamse v. Touby,
382 So.2d 115 (Fla. 3d DCA 1980). According to section
744.3045(4) of the Florida Statutes, production of a written pre-need declaration appointing a guardian in a proceeding for incapacity shall operate as a presumption that the pre-need guardian is entitled to serve as guardian. However, the presumption is rebuttable in that the trial court is not bound to appoint the pre-need guardian if the pre-need guardian is found to be unqualified. See §
744.3045(4), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 14154
...Substantial competent evidence exists to rebut the statutory presumption that the preneed guardians are entitled to serve as guardian in this matter. Accordingly, we affirm. Appellee filed a "petition to determine incapacity" of 88-year-old Mary H. Masters. Appellant filed a petition to intervene pursuant to section 744.3045, Florida Statutes (1995), claiming that she should be appointed the plenary guardian because she had been previously designated guardian in Ms. Masters preneed declarations. Section 744.3045 provides in relevant part: (4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as a guardian....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 1201892
...This discretion is abused when no reasonable person would take the view adopted by the trial court. Wilson v. Robinson,
917 So.2d 312 (Fla. 5th DCA 2005) (citing Canakaris v. Canakaris,
382 So.2d 1197, 1203 (Fla.1980)). In this case appellants have failed to establish the trial court abused its discretion. Section
744.3045(4), Florida Statutes (2005), provides in pertinent part: "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 trial j...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3966, 2015 WL 1238445
WARNER, J. Glenda Martinez appeals an order appointing professional guardian John Cram-er as plenary guardian for her husband, Alan Smith (“ward”). She maintains that the trial court erred in failing to apply the statutory presumption of section 744.3045(4), Florida Statutes (2012), where the ward had given her power-of-attorney and appointed her as his preneed guardian and health care surrogate....
...th care surrogate, living will, and durable power-of-attorney. Second, the ward’s designation of her as his preneed guardian gave rise to a rebuttable presumption that she was entitled to the appointment under sections
744.102(16),
744.312(4), and
744.3045(4), Florida Statutes (2012)....
...may only be overcome by substantial, competent evidence.” Acuna v. Dresner,
41 So.3d 997, 999 (Fla. 3d DCA 2010). “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.” §
744.3045(1), Fla. Stat. (2012). “Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian.” §
744.3045(4), Fla. Stat. (2012). Section
744.3045(4), Florida Statutes (2012), also provides that “[t]he court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.” §
744.3045(4), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 11268, 2010 WL 3025111
...le of being known, that intent is the polestar to guide probate judges in the appointment of their guardians." Estate of Salley v. Comprehensive Pers. Care Servs., Inc.,
742 So.2d 268 (Fla. 3d DCA 1997). Moreover, Florida's preneed guardian statute, section
744.3045, Florida Statutes (2009), provides for a statutory rebuttable presumption in favor of the designated preneed guardian serving 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. The probate court is not bound to appoint the designated preneed guardian as guardian when that preneed guardian is found to be unqualified to serve. §
744.3045(4); see also Estate of Salley,
742 So.2d at 271 ("A ward's nominee, of course, may be rejected when unfit or unsuitable, or for other like reasons."); Davis v....
CopyCited 2 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702
...evidence.” §
744.331(5)(c), Fla. Stat. . This provision tracks the language in section
744.3215(2)(a). . A preneed guardian is someone who has been designated to serve as a person's guardian in the event that person is declared incapacitated. See §
744.3045(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1997 WL 537376
...Gallagher, Timothy Carl Blake, appellant's counsel in this proceeding, met with Ms. Salley the following day. She executed a written declaration on August 28 naming Phil C. Gallagher to be guardian of her person as well as her property, pursuant to section 744.3045, Florida Statutes (1995)....
...It is against this policy backdrop that we decide the present case. The parties disagree about the validity and effect that should be given to the preneed declaration executed by Ms. Salley. The statute provides that such a declaration may be executed by a "competent" adult. § 744.3045(1), Fla....
CopyPublished | Supreme Court of Florida
Supported decisionmaking agreements. §
744.3045, Fla. Stat. Preneed guardian. §
765.101 CopyPublished | Supreme Court of Florida
...Stat. Durable power of attorney.
§
709.2109, Fla. Stat. Termination or suspension of power of attorney or
agent’s authority.
§
744.1012, Fla. Stat. Legislative intent.
§
744.104, Fla. Stat. Verification of documents.
§
744.3045, Fla....
...Committee notes
revised.
Statutory References
§
709.2104, Fla. Stat. Durable power of attorney.
§
709.2109, Fla. Stat. Termination or suspension of power of attorney or
agent’s authority.
§
744.2002, Fla. Stat. Professional guardian registration.
§
744.3045, Fla....
...Capacity; appointment of guardian advocate.
§§
709.2101–709.2402, Fla. Stat. Florida Power of Attorney Act.
§ 709.2019, Fla. Stat. Termination or suspension of power of attorney or
agent’s authority.
- 10 -
§
744.3045, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...crete
sources of law. The first is Florida Rule of Appellate Procedure 9.170(b)(8),
which states that an order determining incapacity in a guardianship case is
5
final for purposes of appeal. The second is section 744.3045(4), Florida
Statutes (2023), Florida’s preneed guardian statute, which provides a
rebuttable presumption in favor of the selection of a designated preneed
guardian....
...is capable of being known, that intent is the polestar to guide probate judges
in the appointment of their guardians.” Est. of Salley v. Comprehensive Pers.
Care Servs., Inc.,
742 So. 2d 268, 271 (Fla. 3d DCA 1997).
This principle is codified in section
744.3045, Florida Statutes, the
preneed guardian statute. The statute allows a competent adult to name a
preneed guardian by executing a written declaration. See §
744.3045(1),
Fla. Stat. Once the declaration is executed, the statute creates a rebuttable
presumption that the named guardian is entitled to serve in that capacity.
See §
744.3045(4), Fla....
...5th DCA 1997) (holding designated
preneed guardian unqualified to serve where conflict of interest exists).
Interestingly, the statute is self-executing. Upon a finding of incapacity,
“[t]he preneed guardian shall assume the duties of guardian immediately.”
§ 744.3045(5), Fla....
...Silva executed a declaration naming Jorge as his preneed
guardian. Although he produced a second declaration at trial, that document
post-dated the trial court’s limited capacity determination. Thus, by the time
Dr. Silva signed the document, he was no longer “[a] competent adult.”
§ 744.3045(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 304889, 2014 Fla. App. LEXIS 1363
...onduct. In doing so, the trial court ruled that it was “in the best interest of the Linda for her brother and sister to be appointed plenary co-guardians of her person.” We conclude, however, that this ruling applied an incorrect legal standard. Section 744.3045(4), Florida Statutes (2010), provides in pertinent part that “[production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve.” But a trial co...
CopyPublished | Supreme Court of Florida
744.104, Fla. Stat. Verification of documents. §
744.3045, Fla. Stat. Preneed guardian.” On p. 14, under
CopyPublished | Supreme Court of Florida
