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Florida Statute 744.3201 - Full Text and Legal Analysis
Florida Statute 744.3201 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
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) State whether the alleged incapacitated person uses assistance to exercise his or her rights, including, but not limited to, supported decisionmaking, and if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights;
(e) 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;
(f) State the name and address of the alleged incapacitated person’s attending or family physician, if known;
(g) 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
(h) 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; s. 4, ch. 2024-242.

F.S. 744.3201 on Google Scholar

F.S. 744.3201 on CourtListener

Amendments to 744.3201


Annotations, Discussions, Cases:

Cases Citing Statute 744.3201

Total Results: 28  |  Sort by: Relevance  |  Newest First

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Borden v. Guardianship of Borden-Moore, 818 So. 2d 604 (Fla. 5th DCA 2002).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 1000051

...not empowered to create that evidence from the whole cloth." LeWinter v. Guardianship of LeWinter, 606 So.2d 387, 388 (Fla. 3d DCA 1992). [2] Randall challenges Sandra's standing to institute the incapacity proceedings and to prosecute this appeal. Section 744.3201(1), Florida Statutes (2000) provides that any "adult person" may petition to determine the incapacity of any other person....
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In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...The committee concluded that, procedurally, notice upon the alleged incapacitated person should occur in the same manner as formal notice in rule 5.040, but the required response under that rule should not be imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections 744.3201 and 744.331, Florida Statutes, and 1990 technical amendments. Statutory References § 744.3201, Fla....
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Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997).

Cited 3 times | Published | Florida 4th District Court of Appeal

...3d DCA 1981) Section 744.369, Florida Statutes, provides for judicial review of guardian reports when a guardianship has been established pursuant to chapter 744. Any adult person may file a petition to determine that an individual is incapacitated. § 744.3201, Fla....
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Katke v. Bersche, 161 So. 3d 574 (Fla. 5th DCA 2014).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 19080, 2014 WL 6488688

...“withdrew” and “abandoned” the First Petition. *576 The trial court concluded that Katke’s motion to strike the First Petition was moot. Nonetheless, the trial court allowed Kar-dos to proceed under the Second Petition, holding that under section 744.3201(1), Florida Statutes, Kardos has standing to file the petition because she is an “adult person.” 3 The court also ruled that any outstanding discovery motions or issues may be scheduled for hearing....
...As a result of our grant of a writ of prohibition, we lift the stay for the trial court to dismiss Kardos’ petition to determine incapacity. . Florida Probate Rule 5.025 provides that Florida Rules of Civil Procedure apply to probate proceedings that are declared to be adversarial. . Section 744.3201(1), Florida Statutes (2014), provides that ‘‘[a] petition to determine incapacity of a person may be executed by any adult person.” ....
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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

...Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.106, Fla. Stat. Notice. § 744.301, Fla. Stat. Natural guardians. § 744.3201, Fla....
...§ 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.3201, Fla....
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In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

...Personal representative's right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. § 744.106, Fla. Stat. Notice. § 744.3201, Fla....
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Lefebvre v. North Broward Hosp. Dist., 566 So. 2d 568 (Fla. 4th DCA 1990).

Cited 1 times | Published | Florida 4th District Court of Appeal | 1990 WL 120665

...Based on the foregoing we conclude that the trial court erred in authorizing termination of Ms. Lefebvre's pregnancy. Accordingly, we reverse the court's July 20, 1990, final order. Hereafter, if an adult person who is a resident of this state ( see section 744.3201, Fla....
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Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 13400, 2016 WL 4651336

..., and (ii) precluding the introduction of Ward’s prior medical records at Ward’s suggestion of capacity hearing. I. Facts In early 2014, Temporary Guardian and his two sisters filed an emergency guardianship petition pursuant to section 744.3201 of the Florida Statutes to determine the capacity of their father, Ward....
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In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024).

Published | Supreme Court of Florida

new subdivision (a)(9) adopted to conform to section 744.3201(2)(d), Florida Statutes. Committee notes revised
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...Legislative intent. § 744.104, Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian. § 744.3115, Fla. Stat. Advance directives for health care. -6- § 744.3201, Fla....
...Stat. Preneed guardian. § 744.309, Fla. Stat. Who may be appointed guardian of a resident ward. § 744.3115, Fla. Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian. § 744.3201, Fla....
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In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...Personal representative’s right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. § 744.106, Fla. Stat. Notice. § 744.3201, Fla....
...General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. *1184 § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla....
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Amendments to the Florida Prob. Rules, 778 So. 2d 272 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

...Personal representative’s right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Distribution; final discharge. § 744.106, Fla. Stat. Notice. § 744.3201, Fla....
...§ 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (3), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla....
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In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...733.604(2), Fla.Stat. Inventory. § 733.901, Fla.Stat. Distribution; final discharge. 5⅛4 735.103, Fla.Stat. Petition for family administration. 735.203, Fla.Stat. Petition for summary administration. 744.104, Fla.Stat. Verification of documents. § 744.3201, Fla.Stat....
...§ 733.212, Fla.Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla.Stat. Adjudication before issuance of letters. ⅛⅜⅛ 733.604(2), Fla.Stat. Inventory. § 733.705(2), (3), Fla.Stat. Payment of and objection to claims. § 744.3201, Fla.Stat....
...Citation form changes in committee notes. Statutory References ch. 47, Fla.Stat. Venue. § 733.101, Fla.Stat. Venue of probate proceedings. § 744.106, Fla.Stat. Notice. § 744.202, Fla.Stat. Venue. § 744.2025, Fla.Stat. Change of ward’s residence. § 744.3201, Fla.Stat....
...The committee concluded that, procedurally, notice upon the alleged incapacitated person should occur in the same manner as formal notice in Rrule 5.040, but the required response under that rule should not be imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections 744.3201 and 744.331, Florida Statutes, and 1990 technical amendments. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.3201, Fla.Stat....
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In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

...Inventory Inventories and accountings; public records exemptions. § 733.901, Fla. Stat. Final discharge. § 735.203, Fla. Stat. Petition for summary administration. § 744.104, Fla. Stat. Verification of documents. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla....
...Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, 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

744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity
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In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

removed. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity
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Sarfaty v. in Re: M.S. (Fla. 3d DCA 2017).

Published | Florida 3rd District Court of Appeal

...non-voting status, in breach of their fiduciary duty to M.S. Corporate documents evidencing authority purportedly conferred by M.S. for corporate action were also attached to the petition. The petition complied with the statutory requirements of section 744.3201, Florida Statutes (2015). The verified petition sought a plenary guardianship and the appointment of a “professional guardian”—not the petitioner or other family member of M.S.—to serve as plenary guardian of the person and property of M.S....
...This act shall be liberally construed to accomplish this purpose. (emphasis added) In addition to its stated intent to allow incapacitated persons to participate as fully as possible and to interfere as little as possible with the legal capacity of an alleged incapacitated person, section 744.3201, Florida Statutes (2015), which establishes the petition requirements, and section 36 744.331, which establishes the procedures for determining incapacity, both use mandatory terms such as “must” and “shall.” For example, section 744.3201(2) states that “[t]he petition must be verified and must” include specific identification information of the alleged incapacitated person, the factual information being relied on to believe the person is incapacitated, and th...
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Sarfaty v. in Re: M.S. (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal

complied with the statutory requirements of section 744.3201, Florida Statutes (2015). The verified
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Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).

Published | Florida 3rd District Court of Appeal

determine that a person is incapacitated. Section 744.3201 sets forth the requirements for the filing
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Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).

Published | Florida 3rd District Court of Appeal

determine that a person is incapacitated. Section 744.3201 sets forth the requirements for the filing
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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

...§ 733.604(21), Fla. Stat. Inventory. § 733.901, Fla. Stat. Distribution; flFinal discharge. § 735A03, Fla. Stat. Petition for family administration. § 735.203, Fla. Stat. Petition for summary administration. § 744.104, Fla. Stat. Verification of documents. § 744.3201, Fla....
...Personal representative’s right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Distribution; -IFinal discharge. § 744.106, Fla. Stat. Notice. § 744.3201, Fla....
...Notice; when-re-quiredT § 733.212, Fla. Stat. Notice of administration; filing of objections and claims. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (34), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla....
...§ 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. Stat. Foreign guardians. § 744.3201, Fla....
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Faulkner v. Faulkner, 65 So. 3d 1167 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11450, 2011 WL 2937302

...Glassman were reasonable; and that Mr. Glassman’s fees and costs were properly assessed against Appellant. We write only to address Appellant’s contention that the examining committee fees should not have been assessed against her because the petition for incapacity was dismissed. Section 744.3201 sets forth the requirements for a petition to determine incapacity. The statute allows, but does not require, a petition for appointment of a guardian or emergency temporary guardian to be filed with the petition to determine incapacity. See § 744.3201(3), 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

...§ 733.202, Fla. Stat. Petition. § 733.604(1), Fla. Stat. Inventory. § 733.901, Fla. Stat. Final discharge. § 735.203, Fla. Stat. Petition for summary administration. § 744.104, Fla. Stat. Verification of documents. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla....
...tatives and employees of estate. § 733.901, Fla. Stat. Final discharge. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.106, Fla. Stat. Notice. § 744.301, Fla. Stat. Natural guardians. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla....
...Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla....
...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. Stat. Foreign guardians. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla....
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Silveira v. Guardianship of Quiroga, 156 So. 3d 574 (Fla. 3d DCA 2015).

Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 1000, 2015 WL 350723

...ria Quiroga (“Ana Maria”) was legally incapacitated. The petition provided the names of Ana Maria’s next of kin, listing both her sister, Ursula Q. Silveira (“Ms. Silveira”), and her mother, Digna Lopez (“Ms. Lopez”), as required by section 744.3201(1)(g), Florida Statutes (2013)....
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In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2025).

Published | Supreme Court of Florida

...1980 Revision–2020 Revision [No Change] 2024 Revision: Subdivision (b)(2) amended to conform to section 744.331(1), Florida Statutes. Committee notes revised. 2024 Revision: Subdivision (a)(8) amended and nNew subdivision (a)(9) adopted to conform to section 744.3201(2)(d), Florida Statutes....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

Stat. Advance directives for health care. § 744.3201, Fla. Stat. Petition to determine incapacity
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In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...Personal representative’s right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and com *738 pensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. § 744.106, Fla. Stat. Notice. § 744.3201, Fla....
...General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla....
...The committee concluded that, procedurally, notice upon the alleged incapacitated person should occur in the same manner as formal notice in rule 5.040, but the required response under that rule should not be imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections 744.3201 and 744.331, Florida Statutes, and 1990 technical amendments....
...1992 Revision: Citation form changes in committee notes. 2006 Revision: Subdivisions (c) and (d) added to incorporate 2006 amendment to section 744.441 and creation of section 744.462, Florida Statutes. Committee notes revised. Statutory References § 744.3201, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...PETITION TO DETERMINE INCAPACITY (a)-(f) [NO CHANGE] Committee Notes Rule History 1980-2017 [NO CHANGE] 2020 Revision: Statutory references amended. Statutory References § 744.3115, Fla. Stat. Advance directives for health care. § 744.3201, Fla....
...Stat. Guardian advocates. § 744.309, Fla. Stat. Who may be appointed guardian of a resident ward. § 744.3115, Fla. Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian. § 744.3201, Fla....