Florida Statute 744.306 - 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. 744.306

744.306 Foreign guardians.—

(1) When the residence of a ward of a foreign guardian is moved to this state, the guardian shall, within 60 days after such change of residence, file the authenticated order of her or his appointment with the clerk of the court in the county where the ward resides. Such order shall be recognized and given full faith and credit in the courts of this state. The guardian and the ward are subject to this chapter.

(2) A guardian appointed in any state, territory, or country may maintain or defend any action in this state as a representative of her or his ward.

(3) Debtors who have received no written demand for payment from a guardian appointed in this state within 60 days after the appointment of a guardian, curator, conservator, or committee in any state, territory, or country other than this state, and whose property in this state is subject to a mortgage or other lien securing the debt held by the foreign guardian, curator, conservator, or committee, may pay the debt to the foreign guardian, curator, conservator, or committee after the expiration of 60 days from the date of her or his appointment. A satisfaction of the mortgage or lien, executed after the 60 days have expired by the foreign guardian, curator, conservator, or committee, with an authenticated copy of the letters or other evidence of authority of the foreign guardian, curator, conservator, or committee attached, may be recorded in the public records of this state and shall constitute an effective discharge of the mortgage or lien, irrespective of whether the debtor had received written demand before paying the debt.

(4) All persons indebted to a ward, or having possession of personal property belonging to a ward, who have received no written demand for payment of the indebtedness or the delivery of the property from a guardian appointed in this state are authorized to pay the indebtedness or to deliver the personal property to the foreign guardian, curator, conservator, or committee after the expiration of the 60 days from the date of her or his appointment.

History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 23, ch. 89-96; s. 1072, ch. 97-102.

Note.—Created from former s. 744.15.

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Amendments to 744.306

Annotations, Discussions, Cases:

Cases Citing Statute 744.306

Total Results: 5

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

2007 Revision: New rule. Statutory References § 744.306, Fla. Stat. Foreign guardians. § 744.307, Fla

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

Fla. Stat. Change of ward’s residence. § 744.306, Fla. Stat. Foreign guardians. § 744.3085

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

744.2025, Fla. Stat. Change of wards residence. § 744.306, Fla. Stat. Foreign guardians. § 744.3085, Fla

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

2025, Fla. Stat. Change of. ward’s residence. § 744.306, Fla. Stat. Foreign guardians. § 744.3201, Fla

Vinson v. Sandusky

466 So. 2d 421, 10 Fla. L. Weekly 850, 1985 Fla. App. LEXIS 13231

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 64610960

Published

cannot establish jurisdiction by applying Section 744.306(2), Florida Statutes, which states: “Guardians