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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 744.309744.309 Who may be appointed guardian of a resident ward.—(1) RESIDENT.—(a) Any resident of this state who is sui juris and is 18 years of age or older is qualified to act as guardian of a ward. (b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward’s family, and serves without compensation. (2) NONRESIDENT.—A nonresident of the state may serve as guardian of a resident ward if he or she is:(a) Related by lineal consanguinity to the ward; (b) A legally adopted child or adoptive parent of the ward; (c) A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by lineal consanguinity to any such person; or (d) The spouse of a person otherwise qualified under this section. (3) DISQUALIFIED PERSONS.—No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward’s best interest. The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur. (4) TRUST COMPANY, STATE BANK OR SAVINGS ASSOCIATION, OR NATIONAL BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION.—A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state may act as guardian of the property of the ward. (5) NONPROFIT CORPORATE GUARDIAN.—A nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state may be appointed guardian for a ward. If the nonprofit corporate guardian charges fees against the assets or property of the ward for its services, the corporation must employ at least one professional guardian. (6) HEALTH CARE PROVIDER.—A provider of health care services to the ward, whether direct or indirect, may not be appointed the guardian of the ward, unless the court specifically finds that there is no conflict of interest with the ward’s best interests. (7) FOR-PROFIT CORPORATE GUARDIAN.—A for-profit corporate guardian existing under the laws of this state is qualified to act as guardian of a ward if the entity is qualified to do business in the state, is wholly owned by the person who is the circuit’s public guardian in the circuit where the corporate guardian is appointed, has met the registration requirements of s. 744.2002, and posts and maintains a bond or insurance policy under paragraph (a).(a) The for-profit corporate guardian must meet one of the following requirements:1. Post and maintain a blanket fiduciary bond of at least $250,000 with the clerk of the circuit court in the county in which the corporate guardian has its principal place of business. The corporate guardian shall provide proof of the fiduciary bond to the clerks of each additional circuit court in which he or she is serving as a guardian. The bond must cover all wards for whom the corporation has been appointed as a guardian at any given time. The liability of the provider of the bond is limited to the face value of the bond, regardless of the number of wards for whom the corporation is acting as a guardian. The terms of the bond must cover the acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The bond must be payable to the Governor and his or her successors in office and be conditioned on the faithful performance of all duties of a guardian under this chapter. The bond is in lieu of and not in addition to the bond required under s. 744.2003 but is in addition to any bonds required under s. 744.351. The expenses incurred to satisfy the bonding requirements of this section may not be paid with the assets of any ward; or 2. Maintain a liability insurance policy that covers any losses sustained by the guardianship caused by errors, omissions, or any intentional misconduct committed by the corporation’s officers or agents. The policy must cover all wards for whom the corporation is acting as a guardian for losses up to $250,000. The terms of the policy must cover acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The corporate guardian shall provide proof of the policy to the clerk of each circuit court in which he or she is serving as a guardian. (b) A for-profit corporation appointed as guardian before July 1, 2015, is also qualified to serve as a guardian in the particular guardianships in which the corporation has already been appointed as guardian. History.—s. 1, ch. 74-106; s. 8, ch. 75-222; s. 4, ch. 79-221; s. 7, ch. 81-27; s. 2, ch. 83-139; s. 26, ch. 89-96; s. 14, ch. 90-271; s. 1, ch. 96-184; s. 5, ch. 96-354; s. 1781, ch. 97-102; s. 48, ch. 98-280; s. 159, ch. 98-403; s. 8, ch. 2000-135; s. 110, ch. 2000-349; s. 4, ch. 2002-195; s. 31, ch. 2004-267; s. 53, ch. 2010-114; s. 7, ch. 2015-83; s. 36, ch. 2016-40. Note.—Created from former s. 744.27.
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Annotations, Discussions, Cases:
Cases Citing Statute 744.309
Total Results: 30
403 F.3d 1223, 2005 U.S. App. LEXIS 4702
Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 2005 | Docket: 344466
Cited 365 times | Published
contrary to Fla. Stat. § 744.309(l)(b). Contrary to Plaintiffs’ argument, § 744.309 merely prohibits a judge
357 F. Supp. 2d 1378, 2005 U.S. Dist. LEXIS 4265, 2005 WL 641710
District Court, M.D. Florida | Filed: Mar 22, 2005 | Docket: 2514117
Cited 6 times | Published
contrary to Fla. Stat. § 744.309(1)(b). Contrary to Plaintiffs' argument, § 744.309 merely prohibits a judge
584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221
Cited 5 times | Published
pursuant to the qualifications enumerated in F.S. 744.309 or, if that a willing and qualified guardian
771 So. 2d 569, 2000 WL 1505082
District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1339546
Cited 3 times | Published
that there is a conflict of interest, rely on section 744.309(3), Florida Statutes (Supp.1998), which provides
771 So. 2d 569, 2000 WL 1505082
District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1339546
Cited 3 times | Published
that there is a conflict of interest, rely on section 744.309(3), Florida Statutes (Supp.1998), which provides
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
3045(4), Fla. Stat. (2012) (emphasis supplied). Section 744.309, Florida Statutes (2012), lists the requirements
District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472154
Published
guardian.
Donna is a convicted felon. See § 744.309(3), Fla. Stat. (2020) ("No
person who has
District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564931
Published
advocate must be qualified to act as a guardian. Section 744.309, Florida
Statutes (2023), addresses who is
Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022
Published
744.3085, Fla. Stat. Guardian advocates.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564
Published
744.3085, Fla. Stat. Guardian advocates.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
Supreme Court of Florida | Filed: Sep 3, 2020 | Docket: 18407701
Published
744.3045, Fla. Stat. Preneed guardian.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
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
Stat. Professional guardian registration.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099
Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418545
Published
Fla. Stat. Professional guardian registration.
§ 744.309, Fla Stat. Who may be appointed guardian of a
156 So. 3d 574, 2015 Fla. App. LEXIS 1000, 2015 WL 350723
District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628625
Published
to be appointed as a guardian.
See
§ 744.309(3), Fla. Stat. (2013).
The record before
150 So. 3d 1100, 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899
Supreme Court of Florida | Filed: Nov 6, 2014 | Docket: 2593367
Published
744.3085, Fla. Stat. Guardian advocates.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
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
and received stitches above her eye.
. Section 744.309(3), Florida Statutes, specifies grounds for
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
Definitions.
§ 744.3085, Fla. Stat. Guardian advocates.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
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
Fla. Stat. Professional guardian registration.
§ 744.309, Fla. Stat. Who may be appointed guardian of a
861 So. 2d 99, 2003 Fla. App. LEXIS 19203, 2003 WL 22956432
District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 64826945
Published
unsuitable to perform the duties of a guardian.” § 744.309(3), Fla. Stat. (2000).
REVERSED AND REMANDED.
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
Committee notes revised.
Statutory References
§ 744.309, Fla. Stat. Who may be appointed guardian of a
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
of proposed guardian.
Statutory References
§ 744.309, Fla. Stat. Who may be appointed guardian of a
630 So. 2d 591, 1993 Fla. App. LEXIS 10324, 1993 WL 406652
District Court of Appeal of Florida | Filed: Oct 13, 1993 | Docket: 64745839
Published
probably should not have been appointed, since section 744.309(3), Florida Statutes (1991) provides in part
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
§ 744.309, Fla.Stat. Who may be appointed guardian of a
600 So. 2d 1205, 1992 Fla. App. LEXIS 5821, 1992 WL 118343
District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668539
Published
Fraser, 576 So.2d 401 (Fla. 5th DCA 1991).
. See § 744.309(3), Fla.Stat. (1991) ("[t]he court may not appoint
599 So. 2d 1306, 1992 Fla. App. LEXIS 2685, 1992 WL 48900
District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 64667869
Published
conflict of interest on the part of the guardian. Section 744.309(3), Florida Statutes (1991), discusses who
576 So. 2d 401, 1991 Fla. App. LEXIS 2202, 1991 WL 33010
District Court of Appeal of Florida | Filed: Mar 14, 1991 | Docket: 64657331
Published
against the deceased wife’s estate. We agree. Section 744.309(2), Florida Statutes (1989), prohibits the
551 So. 2d 452, 1989 WL 139493
Supreme Court of Florida | Filed: Sep 29, 1989 | Docket: 64645896
Published
pursuant to the qualifications enumerated in F.S. 744.309 or, if a willing and qualified guardian cannot
537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022
Published
changes in committee notes.
Statutory References
F.S. 744.309 Who may be appointed guardian of a resident
531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451
Published
changes in committee notes.
Statutory References
F.S. 744.309 Who may be appointed guardian of a resident
458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151
Published
committee notes revised.
Statutory References
F.S. 744.309 Who may be appointed guardian of a resident
