Florida Statute 744.312 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.312

744.312 Considerations in appointment of guardian.—

(1) If the person designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward.

(2) If a guardian cannot be appointed under subsection (1), the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not. The court shall give preference to the appointment of a person who:

(a) Is related by blood or marriage to the ward;

(b) Has educational, professional, or business experience relevant to the nature of the services sought to be provided;

(d) Has the ability to meet the requirements of the law and the unique needs of the individual case.

(3) The court shall also:

(a) Consider the wishes expressed by an incapacitated person as to who shall be appointed guardian.

(b) Consider the preference of a minor who is age 14 or over as to who should be appointed guardian.

(d) Consider the wishes of the ward’s next of kin, when the ward cannot express a preference.

(e) Inquire into and consider potential disqualifications under s. 744.309 and potential conflicts of interest under s. 744.446.

(4) Except when a standby guardian or a preneed guardian is appointed by the court:

(a) In each case when a court appoints a professional guardian and does not use a rotation system for such appointment, the court must make specific findings of fact stating why the person was selected as guardian in the particular matter involved. The findings must reference each of the factors listed in subsections (2) and (3).

(b) An emergency temporary guardian who is a professional guardian may not be appointed as the permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person or the ward requests that the professional guardian be appointed as permanent guardian. The court may waive the limitations of this paragraph if the special requirements of the guardianship demand that the court appoint a guardian because he or she has special talent or specific prior experience. The court must make specific findings of fact that justify waiving the limitations of this paragraph.

(5) The court may not give preference to the appointment of a person under subsection (2) based solely on the fact that such person was appointed by the court to serve as an emergency temporary guardian.

History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 1, ch. 77-174; s. 5, ch. 79-221; s. 27, ch. 89-96; s. 15, ch. 90-271; s. 9, ch. 2015-83; s. 1, ch. 2020-35.

Note.—Created from former s. 744.35.

F.S. 744.312 on Google Scholar

F.S. 744.312 on CourtListener

Amendments to 744.312

Annotations, Discussions, Cases:

Cases Citing Statute 744.312

Total Results: 40

Blankfeld v. Richmond Health Care, Inc.

902 So. 2d 296, 2005 WL 1226070

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 2544764

Cited 41 times | Published

emergency appointment of a temporary guardian."); and § 744.312(1), Fla. Stat. (2004) ("the court may appoint

Morris v. Knight

1 So. 3d 1236, 2009 Fla. App. LEXIS 1124, 2009 WL 321586

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1174828

Cited 5 times | Published

is contrary to the best interests of the ward. § 744.312, Fla. Stat. (2004). Under this statute, "a person

Treloar v. Smith

791 So. 2d 1195, 2001 WL 929993

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1655720

Cited 5 times | Published

discretion by the trial court in its application of section 744.312, Florida Statutes (2000).[1] *1197 "While the

In Re Amendments to the Florida Probate Rules

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

court's considerations in appointment pursuant to F.S. 744.312. (c) (b) Notice. Notice of filing of a the petition

Wilson v. Robinson

917 So. 2d 312, 2005 WL 3499495

District Court of Appeal of Florida | Filed: Dec 23, 2005 | Docket: 1509451

Cited 4 times | Published

incapacitated due to Alzheimer's disease. Section 744.312(2) and (3), Florida Statutes (2004), sets forth

In Re Guardianship of Stephens

965 So. 2d 847, 2007 WL 2811591

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 1509102

Cited 3 times | Published

issued his Report and Recommendation. *849 Section 744.312(1), Florida Statutes (2006), styled "Considerations

Miller v. Goodell

958 So. 2d 952, 2007 WL 1201892

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1735036

Cited 3 times | Published

trial court also considered the application of section 744.312(4), Florida Statutes (2005), which provides:

Poteat v. Guardianship of Poteat

771 So. 2d 569, 2000 WL 1505082

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1339546

Cited 3 times | Published

that she was the most qualified person under section 744.312, Florida Statutes, which sets forth factors

Amendments to Florida Probate Rules

683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Supreme Court of Florida | Filed: Oct 3, 1996 | Docket: 466033

Cited 3 times | Published

of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:

Martinez v. Guardianship of Smith

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

guardian. First, the court was required, under section 744.312(3)(a) and (c), Florida Statutes (2012), to

In Re Guardianship of Quindt

396 So. 2d 1217

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 1732010

Cited 2 times | Published

appointment under the controlling terms of Section 744.312, Florida Statutes (1979).[1]*1218 While the

In Re Estate of Salley

742 So. 2d 268, 1997 WL 537376

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1302976

Cited 1 times | Published

the legislative policy referred to earlier, section 744.312(3)(a) of the Florida Guardianship Law required

Beckford v. in Re: Guardianship of Wayne Astor Beckford

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472154

Published

court believed that it had discretion under section 744.312 to appoint her as guardian. The trial court

Henriette LaFrance v. Guardian Advocacy of Jayden Emile

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564931

Published

In support, appellant relies on section 744.312(3)(e), which states that in considering appointment

McGathey v. Gore, Gore

District Court of Appeal of Florida | Filed: Dec 27, 2024 | Docket: 69499686

Published

proper and qualified to act as guardian." § 744.312(2), Fla. Stat. (2021). The court shall give

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022

Published

Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564

Published

Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian

In Re: Amendments to the Florida Probate Rules - Guardianship

Supreme Court of Florida | Filed: Sep 3, 2020 | Docket: 18407701

Published

Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian

MICHAEL C. LYUBLANOVITS v. IN RE: GUARDIANSHIP OF DONALD H. JONES

243 So. 3d 503

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 6356570

Published

Zebny remain as plenary guardian pursuant to section 744.312, Florida Statutes (2016), we affirm.

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

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

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

- 25 - § 744.312, Fla. Stat. Considerations in appointment of guardian

Koshenina v. Buvens

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

is contrary to the best interests of the ward. § 744.312(4), Fla. Stat. (2010) (emphasis supplied). Here

Killinger v. Guardianship of Grable

983 So. 2d 30, 2008 Fla. App. LEXIS 5918, 2008 WL 1827520

District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 64854939

Published

guardian in the event of incapacity. According to section 744.312(4), Florida Statutes (2006), the ward’s pre-need

In re Amendments to the Florida Probate Rules

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

of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:

Harrell v. Hahn

929 So. 2d 675, 2006 Fla. App. LEXIS 7864, 2006 WL 1359378

District Court of Appeal of Florida | Filed: May 19, 2006 | Docket: 64844735

Published

discretion by the trial court in its application of section 744.312, Florida Statutes (2004). We likewise find

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

of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:

Amendments to the Florida Probate Rules

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 section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:

Gallagher v. Comprehensive Personal Care Services, Inc.

742 So. 2d 268, 1997 Fla. App. LEXIS 10256

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64791335

Published

the legislative policy referred to earlier, section 744.312(3)(a) of the Florida Guardianship Law required

In re Amendments to the Florida Probate Rules

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

of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:

Glatthar v. Hoequist

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

intestate succession or by inter vivos transfer. . § 744.312(3)(a), Fla.Stat. (1991). . See Tagliabue v.

In re Amendment to Florida Probate Rule—Part III (Guardianship)

551 So. 2d 452, 1989 WL 139493

Supreme Court of Florida | Filed: Sep 29, 1989 | Docket: 64645896

Published

court’s considerations in appointment pursuant to F.S. 744.312. (c)Notice. Notice of filing of a petition for

In re Amendment to Florida Probate Rule—Part III (Guardianship)

551 So. 2d 452, 1989 WL 139493

Supreme Court of Florida | Filed: Sep 29, 1989 | Docket: 64645896

Published

court’s considerations in appointment pursuant to F.S. 744.312. (c)Notice. Notice of filing of a petition for

Florida Bar

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

expanded to include provisions of F.S. 744.302 and F.S. 744.312 by reference. 1977 Revision: Change in committee

Florida Bar

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

expanded to include provisions of F.S. 744.302 and F.S. 744.312 by reference. 1977 Revision: Change in committee

In re Guardianship of Dull

466 So. 2d 6, 10 Fla. L. Weekly 510, 1985 Fla. App. LEXIS 12683

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 64610874

Published

the guardian of her property. In my view, section 744.312(2)(a), Florida Statutes (1983), and our decision

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

appointed guardian of a resident incompetent. F.S. 744.312 Considerations in appointment of guardian. F

In re Guardianship of R.N.B.

429 So. 2d 796, 1983 Fla. App. LEXIS 19520

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 64596374

Published

infant son of two deceased parents. Pursuant to Section 744.312, Florida Statutes (1981), the trial court was

Goldsmith v. Huber

429 So. 2d 794, 1983 Fla. App. LEXIS 28934

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 64596369

Published

of Quindt, 396 So.2d 1217 (Fla. 3d DCA 1981); § 744.-312(1), Fla.Stat. (1981).

Thorpe v. Larsen

396 So. 2d 1217, 1981 Fla. App. LEXIS 19290

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 64581917

Published

appointment under the controlling terms of Section 744.312, Florida Statutes (1979).1 *1218While the next

Herskowitz v. Herskowitz

393 So. 2d 45, 1981 Fla. App. LEXIS 28264

District Court of Appeal of Florida | Filed: Jan 27, 1981 | Docket: 64579995

Published

PER CURIAM. Affirmed. § 744.312(1), Fla.Stat. (1979); Fla.R.P. & G.P. 5.120(a); 3 Fla.Jur.2d “Appellate