CopyCited 365 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 4702
... Page 27
APPENDIX TO THE MAJORITY OPINION
Guardianship of Browning,
568 So. 2d 4, 16 (Fla. 1990). Stat. §
744.309(1)(b). Contrary to Plaintiffs'
As the Florida Second District Court of Appeal explained, argument, §
744.309 merely prohibits a judge from
where two "suitable surrogate decision-maker[s] ....
CopyCited 6 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 4265, 2005 WL 641710
...elate to the claimed constitutional deprivations. [4] During argument, Plaintiffs' counsel explained their criticism of Judge Greer's official actions as Judge Greer having exceeded his lawful authority by acting as a guardian contrary to Fla. Stat. § 744.309(1)(b). Contrary to Plaintiffs' argument, § 744.309 merely prohibits a judge from acting as a guardian except under certain specified familial circumstances....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...to the petitioner; (6) state the name, social security or tax identification number, and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve, pursuant to the qualifications enumerated in F.S. 744.309 or, if that a willing and qualified guardian cannot be has not been located, state this fact in the petition; (7) identify the proposed guardian's relationship to and any previous connection of the proposed guardian to association with the alleged incapacitated person; and (8) state the reasons why the proposed guardian should be appointed. (b) Considerations in Appointment. The court may appoint any person who is fit and proper and qualified to serve pursuant to F.S. 744.309 and who meets the court's considerations in appointment pursuant to F.S....
...o determine incapacity. 1991 Revision: Implements 1989 amendments to sections
744.334 and
744.331(1), Florida Statutes, and 1990 technical amendments. Subdivision (c)(1) deleted because FPR 5.555(d) addresses service on parents. Statutory References §
744.309, Fla....
...Committee Notes Rule History 1988 Revision: Prior rule deleted; text of rule moved to FPR 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section
744.3125, Florida Statutes. Statutory References §
744.309, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 1505082
...Poteat's children, Guy and Ann, who contested the appointment of Mrs. Poteat's granddaughter, Jerilyn Bock on the grounds that she has conflicts of interest. Jerilyn is the daughter of Mrs. Poteat's other child, Jerry. Guy and Ann, in arguing that there is a conflict of interest, rely on section
744.309(3), Florida Statutes (Supp.1998), which provides in part that "the court may not appoint a guardian in any other circumstance in which a conflict of interest may occur." They also rely on the more specific section
744.446(2), which pr...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3966, 2015 WL 1238445
...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. Stat. (2012) (emphasis supplied). Section
744.309, Florida Statutes (2012), lists the requirements for qualification to serve as a guardian, such as age, residency or relation to ward, as well as those matters which would disqualify a person from being a guardian, such as commission of a felony. Pursuant to those provisions appellant is qualified to serve. In addition, section
744.312(4), Florida Statutes (2012), provides, “If the person designated is qualified to serve pursuant to s.
744.309, the court shall appoint any ......
CopyPublished | Supreme Court of Florida
...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. Stat. Preneed guardian.
§
744.309, Fla....
...is the standby guardian or preneed
guardian;
( ) b. there is no standby guardian or preneed guardian;
( ) c. there is a standby guardian or preneed guardian, but such person is
not qualified to serve pursuant to section 744.309, Florida Statutes; or
( ) d....
CopyPublished | Supreme Court of Florida | 1989 WL 139493
...kin of the alleged incapacitated person, if known to the petitioner; (6) state the name, residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve pursuant to the qualifications enumerated in F.S. 744.309 or, if a willing and qualified guardian cannot be located, state this fact in the petition; (7) identify the relationship and any previous connection of the proposed guardian to the alleged incapacitated person; (8) state reasons why the proposed guardian should be appointed. (b) Considerations in appointment. The court may appoint any person who is fit and proper and qualified to serve pursuant to F.S. 744.309 and who meets the court’s considerations in appointment pursuant to F.S....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...1980 Revision: Implements 1979 amendment to F.S.
744.334. 1984 Revision: Combines FPR 5.560 and part of prior FPR 5.570. Editorial changes and committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent....
...1984 Revision: Adds 30-day requirement for filing objections. Editorial changes and committee notes revised. 1988 Revision: Editorial change in (c). First and last sentences of (d) deleted and clarifying word added. Statutory References F.S. 744.201 Change of domicile of ward. F.S. 744.202 Venue. F.S. 744.309 Who may be appointed guardian of a resident incompetent....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...1980 Revision: Implements 1979 amendment to F.S.
744.334. 1984 Revision: Combines FPR 5.560 and part of prior FPR 5.570. Editorial changes and committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent....
...1984 Revision: Adds 30-day requirement for filing objections. Editorial changes and committee notes revised. 1988 Revision: Editorial change in (c). First and last sentences of (d) deleted and clarifying word added. Statutory References F.S. 744.201 Change of domicile of ward. F.S. 744.202 Venue. F.S. 744.309 Who may be appointed guardian of a resident incompetent....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...Adds provision to subdivision (b) for notice before hearing when petition is not served simultaneously with petition to determine incapacity. 2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. Statutory References § 744.309, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...1991 Revision: Implements 1989 amendments to sections
744.334 and
744.331(1), Florida Statutes, and 1990 technical amendments. Subdivision (c)(1) deleted because FPRrule 5.555(d) addresses service on parents. 1992 Revision: Citation form changes in committee notes. Statutory References §
744.309, Fla.Stat....
...d to FPRruIe 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section
744.3125, Florida Statutes. 1992 Revision: Citation form change in committee notes. Statutory References §
744.309, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to FGL
744.334. 1984 Revision: Combines Fla.R.P. & G.P. 5.560 and part of prior Fla.R.P. & G.P. 5.570. Editorial changes and committee notes revised. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent....
...Committee Notes Rule History 1977 Revision: Change in committee notes to conform to statutory renumbering. 1984 Revision: Adds 30-day requirement for filing objections. Editorial changes and committee notes revised. Statutory References F.S. 744.201 Change of domicile of ward. F.S. 744.309 Who may be appointed guardian of a resident incompetent....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899
...According to the report, the amendment is intended to conform the rule to recent
amendments to section
943.0585(4)(a), Florida Statutes (2013), made by chapter
2014-124, Laws of Florida, which became effective July 1, 2014,1 as well as to
sections
744.309(3) and
943.0583, Florida Statutes (2014)....
...(2) [No Change]
(b) – (d) [No Change]
Committee Notes
Rule History
1988 Revision - 2014 Revision: [No Change]
2014 Revision: Amends subdivision (a)(1)(A) to conform to sections
744.309(3),
943.0583, and
943.0585, Florida Statutes....
...Committee notes revised.
Statutory References
§
393.063(17), Fla. Stat. Definitions.
§
393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§
744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions.
§
744.3085, Fla. Stat. Guardian advocates.
§
744.309, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2685, 1992 WL 48900
...y fees leaving no amounts to pay other expenses some of which may be recouped through medical insurance. The guardian’s acceptance of the payments represented neither a breach of fiduciary duty nor conflict of interest on the part of the guardian. Section 744.309(3), Florida Statutes (1991), discusses who may be appointed as guardian of a ward....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2202, 1991 WL 33010
...nterest when faced with the decision as guardian whether to petition the *402 court for an elective share and a family-allowance for the ward pursuant to sections
732.201 and
732.403, Florida Statutes, against the deceased wife’s estate. We agree. Section
744.309(2), Florida Statutes (1989), prohibits the appointment of a non-relative of the ward as the guardian in any circumstance in which a conflict of interest may occur....
CopyPublished | Florida 2nd District Court of Appeal
...Thus, we affirm.
I. Background
Charles is Wayne's son. Donna is Wayne's wife. After Wayne
suffered an aneurysm in June 2020, Charles and Donna each petitioned
the trial court to be Wayne's guardian.
Donna is a convicted felon. See § 744.309(3), Fla....
...shall be appointed to act
as guardian."). Nonetheless, the trial court believed that it had discretion
under section
744.312 to appoint her as guardian. The trial court
entered an order appointing Donna.
Charles appealed. We reversed, holding that "section
744.309(3),
Florida Statutes (2020), disqualifies any individual with a felony
conviction from being appointed guardian." Beckford v....
...Yates is a guardian appointed upon a determination of
incapacity, she is a guardian for the purposes of section
744.108(1) if she
(1) is a person appointed by the court (2) to act on behalf of the person or
property (3) of a ward.").
Of course, this result does not render section
744.309(3)
meaningless....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5821, 1992 WL 118343
...ng or in connection with estate planning. (20) Renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer. . §
744.312(3)(a), Fla.Stat. (1991). . See Tagliabue v. Fraser,
576 So.2d 401 (Fla. 5th DCA 1991). . See §
744.309(3), Fla.Stat....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...*1147 Adds provision to subdivision (b) for notice before hearing when petition is not served simultaneously with petition to determine incapacity. 2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. 2003 Revision: Committee notes revised. Statutory References § 744.309, Fla....
...Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references. 2003 Revision: Committee notes revised. Statutory References §
733.305(-l-X-Fla. StaL Trust-companies and other corporations — and associations. §
744.102(3), (13), Fla. Stat. Definitions. §
744.309, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...2008 Revision: Committee notes revised. Statutory References §
393.063(17), Fla. Stat. Definitions. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions. §
744.3085, Fla. Stat. Guardian advocates. §
744.309, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 304889, 2014 Fla. App. LEXIS 1363
...to move Linda from Emeritus. They eventually consented to moving her into a new facility called Sunrise after Linda fell two more times at Emeritus and broke her collar bone, nose, and a rib, bruised her brain, and received stitches above her eye. . Section 744.309(3), Florida Statutes, specifies grounds for disqualification such as conviction of certain felonies....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 1000, 2015 WL 350723
...private guardian.” §
744.702, Fla. Stat. (2011). In addition to being “willing and responsible,” the
family member or friend seeking to be appointed guardian cannot be statutorily
disqualified to be appointed as a guardian. See § 744.309(3), Fla....
CopyPublished | Florida 4th District Court of Appeal
...duties, and responsibilities required of a guardian under chapter 744 or
those defined by court order under this section.” §
393.12(10), Fla. Stat.
(emphasis added).
Thus, pursuant to the plain language of the statute, a guardian
advocate must be qualified to act as a guardian. Section
744.309, Florida
Statutes (2023), addresses who is qualified to act as a guardian as well as
who is disqualified from appointment as a guardian. Section
744.309(3)
states, in relevant part: “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
guard...
...on in the appointment
of guardian advocates. In support, appellant relies on section
744.312(3)(e), which states that in considering appointment of a guardian,
a court shall “[i]nquire into and consider potential disqualifications under
s.
744.309 ....
...It does not direct the court to weigh the felony conviction
against other factors and determine whether the court, in its discretion,
deems the party disqualified . . . .”
368 So. 3d at 1063. 2
In summary, we affirm because the clear and unambiguous language
in sections
393.12(10) and
744.309(3) disqualifies appellant from acting
as guardian advocate based on her prior felony conviction.
Affirmed.
GROSS and KUNTZ, JJ., concur.
* * *
Not final until disposition of timely fil...
...See J.A.B. Enters. v. Gibbons,
596 So. 2d
1247, 1250 (Fla. 4th DCA 1992) (“[A]n issue not raised in an initial brief is deemed
abandoned and may not be raised for the first time in a reply brief.”). This
argument also fails on the merits because section
744.309(3), Florida Statutes,
expressly disqualifies persons with felony convictions “regardless of
adjudication.”
4
CopyPublished | Supreme Court of Florida
744.3085, Fla. Stat. Guardian advocates. §
744.309, Fla. Stat. Who may be appointed guardian of a
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...2006 Revision: New (a)(9) added to incorporate 2006 passage of section
744.462, Florida Statutes. Subdivision (a)(10) added to implement section 744.1083, Florida Statutes. Committee notes revised. Statutory References § 744.1083, Fla. Stat. Professional guardian registration. §
744.309, Fla....
...Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. Statutory References §
744.102(34), (4314), Fla. Stat. Definitions. §
744.309, Fla....
CopyPublished | Supreme Court of Florida
...§
744.2002, Fla. Stat. Professional guardian registration.
§
744.2005, Fla. Stat. Order of appointment.
§
744.2006, Fla. Stat. Office of public guardian; appointment, notification.
§
744.3085, Fla. Stat. Guardian advocates.
§
744.309, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19203, 2003 WL 22956432
PER CURIAM. Lisa Levy appeals the circuit court order denying her petition to be the guardian for her adult autistic son. Levy filed her petition on November 2, 2000. Section *100 744.309(3), Florida Statutes (2000), which was amended in 2000, applies to the petition....
...eaning of section
39.01(12), Florida Statutes (2000) at the time of a July 1992 incident. On remand, the court shall consider the totality of the circumstances to decide whether Levy is “otherwise unsuitable to perform the duties of a guardian.” §
744.309(3), Fla....
