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Florida Statute 744.3201 | Lawyer Caselaw & Research
F.S. 744.3201 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 744.3201

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.3201
744.3201 Petition to determine incapacity.
(1) A petition to determine incapacity of a person may be executed by an adult person.
(2) The petition must be verified and must:
(a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person;
(b) State the name, age, county of residence, and present address of the alleged incapacitated person;
(c) Specify the primary language spoken by the alleged incapacitated person, if known;
(d) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations;
(e) State the name and address of the alleged incapacitated person’s attending or family physician, if known;
(f) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and
(g) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.
(3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.
History.s. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102.

F.S. 744.3201 on Google Scholar

F.S. 744.3201 on Casetext

Amendments to 744.3201


Arrestable Offenses / Crimes under Fla. Stat. 744.3201
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3201.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLACE, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC., 275 So. 3d 782 (Fla. App. Ct. 2019)

. . . filing a petition to determine incapacity of his father, Milton Wallace ("Milton"), pursuant to sections 744.3201 . . . Section 744.3201 sets forth the requirements for the filing of a petition to determine incapacity, and . . . Section 744.3201 provides in its entirety as follows: Petition to determine incapacity.- (1) A petition . . . Under section 744.3201(2)(d), Mark will be required to state in the petition to determine incapacity, . . . In addition, under section 744.3201(2)(e), Mark will also be required to set forth in the petition the . . . In Linde, an initial petition to determine incapacity was filed under section 744.3201, Florida Statutes . . . persons known to the petitioner who have knowledge of such facts through personal observations." § 744.3201 . . . name and address of the alleged incapacitated person's attending or family physician, if known." § 744.3201 . . . It is not prohibited by section 744.3201 or Florida Probate Rule 5.550 regarding the petition, nor by . . . petition are to be based on "personal observations" and consultations with "attending" physicians, section 744.3201 . . .

SARFATY, v. In M. S., 232 So. 3d 1074 (Fla. Dist. Ct. App. 2017)

. . . interfere as little as possible with the legal capacity of an alleged incapacitated person, section 744.3201 . . . For example, section 744.3201(2) states that “[t]he petition must be verified and must” include specific . . . The petition complied with the statutory requirements of section 744.3201, Florida Statutes (2015). . . .

MENDEZ, Jr. v. HAMPTON COURT NURSING CENTER, LLC,, 203 So. 3d 146 (Fla. 2016)

. . . See §§ 744.3201, 744.334, Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 200 So. 3d 761 (Fla. 2016)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. Rule References [No Change] RULE 5.560. . . .

LINDE, v. In M. LINDE,, 199 So. 3d 1102 (Fla. Dist. Ct. App. 2016)

. . . Temporary Guardian and his two sisters filed an emergency guardianship petition pursuant to section 744.3201 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 199 So. 3d 835 (Fla. 2016)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Advance directives for health care. § 744.3201, Fla, Stat, Petition to determine incapacity. § 744.331 . . . Considerations in appointment of guardian. § 744.3201. Fla. Stat. . . .

Q. SILVEIRA, v. QUIROGA,, 156 So. 3d 574 (Fla. Dist. Ct. App. 2015)

. . . Lopez”), as required by section 744.3201(l)(g), Florida Statutes (2013). . . .

KATKE, v. BERSCHE,, 161 So. 3d 574 (Fla. Dist. Ct. App. 2014)

. . . Nonetheless, the trial court allowed Kar-dos to proceed under the Second Petition, holding that under section 744.3201 . . . Section 744.3201(1), Florida Statutes (2014), provides that ‘‘[a] petition to determine incapacity of . . .

B. FAULKNER, v. FAULKNER, F., 65 So. 3d 1167 (Fla. Dist. Ct. App. 2011)

. . . Section 744.3201 sets forth the requirements for a petition to determine incapacity. . . . See § 744.3201(3), Fla. Stat.; see also § 744.3031(1), Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. Rule References Fla. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Disability of nonage of minors removed. § 744.3201, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Payment of and objection to claims. § 744.3201, Fla. Stat. . . . imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections 744.3201 . . . Statutory References § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Payment of and objection to claims. § 744.3201, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Notice. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Payment of and objection to claims. § 744.3201, Fla. Stat. . . . Foreign guardians. § 744.3201, Fla. Stat. Petition to determine incapacity. Rule References Fla. . . .

BORDEN, v. GUARDIANSHIP OF BORDEN- MOORE,, 818 So. 2d 604 (Fla. Dist. Ct. App. 2002)

. . . Section 744.3201(1), Florida Statutes (2000) provides that any "adult person” may petition to determine . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . . § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. . . . Payment of and objection to claims. § 744.3201, Fla. Stat. . . .

L. Y. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 696 So. 2d 430 (Fla. Dist. Ct. App. 1997)

. . . . § 744.3201, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 744.3201, Fla.Stat. Petition to determine incapacity. § 744.331, Fla.Stat. . . . Payment of and objection to claims. § 744.3201, Fla.Stat. . . .

ALTER, v. In GUARDIANSHIP OF STERN,, 660 So. 2d 1135 (Fla. Dist. Ct. App. 1995)

. . . . §§ 744.3201(2), 744.104, Fla. Stat. (1993). . . .

B. HARPER, v. E. HARPER,, 608 So. 2d 517 (Fla. Dist. Ct. App. 1992)

. . . See §§ 744.102(10), 744.3201, Fla.Stat. (1989). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . . § 744.3201, Fla.Stat. . . . Payment of and objection to claims. § 744.3201, Fla.Stat. . . . Change of ward’s residence. § 744.3201, Fla.Stat. Petition to determine incapacity. . . . imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections 744.3201 . . . Statutory References § 744.3201, Fla.Stat. Petition to determine incapacity. § 744.331, Fla.Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections 744.3201 . . . Statutory References § 744.3201, Fla.Stat. Petition to determine incapacity. § 744.331, Fla.Stat. . . .

LEFEBVRE, v. NORTH BROWARD HOSPITAL DISTRICT, d b a, 566 So. 2d 568 (Fla. Dist. Ct. App. 1990)

. . . Hereafter, if an adult person who is a resident of this state (see section 744.3201, Fla.Stat. (1989) . . .