Florida Statute 744.306 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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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

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In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

...The court may require a new guardian's bond in this state in an amount it deems necessary. The order shall authorize the guardian to manage the property and shall specifically describe the property. Committee Notes Rule History 2007 Revision: New rule. Statutory References § 744.306, Fla....

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In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

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

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Statutory References ch. 47, Fla. Stat. Venue. § 733.101, Fla. Stat. Venue of probate proceedings. § 744.106, Fla. Stat. Notice. § 744.201, Fla. Stat. Domicile of ward. § 744.202, Fla. Stat. Venue. § 744.2025, Fla. Stat. Change of. ward’s residence. § 744.306, Fla....

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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

...Capacity; appointment of guardian advocate. § 733.101, Fla. Stat. Venue of probate proceedings. § 744.106, Fla. Stat. Notice. § 744.201, Fla. Stat. Domicile of ward. § 744.202, Fla. Stat. Venue. § 744.2025, Fla. Stat. Change of wards residence. § 744.306, Fla....

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Vinson v. Sandusky, 466 So. 2d 421 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 850, 1985 Fla. App. LEXIS 13231

...r application of the long arm statute. See Elmex Corporation v. Atlantic Federal Savings & Loan Association, 325 So.2d 58, 62 (Fla. 4th DCA 1976). Also, appellant’s affidavits demonstrate that Sandusky cannot establish jurisdiction by applying Section 744.306(2), Florida Statutes, which states: “Guardians appointed in any state, territory, or country may be sued in this state concerning the property or person of the ward in this state and may defend any action or proceeding in this state...