Florida Statute 744.3215 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

F.S. 744.3215

744.3215 Rights of persons determined incapacitated.—

(1) A person who has been determined to be incapacitated retains the right:

(a) To have an annual review of the guardianship report and plan.

(b) To have continuing review of the need for restriction of his or her rights.

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.

(e) To have a qualified guardian.

(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.

(g) To be properly educated.

(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.

(i) To receive services and rehabilitation necessary to maximize the quality of life.

(j) To be free from discrimination because of his or her incapacity.

(k) To have access to the courts.

(l) To counsel.

(m) To receive visitors and communicate with others.

(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.

(o) To privacy.

(2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right:

(a) To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval.

(b) To vote.

(d) To have a driver license.

(e) To travel.

(f) To seek or retain employment.

(3) Rights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right:

(a) To contract.

(b) To sue and defend lawsuits.

(d) To manage property or to make any gift or disposition of property.

(e) To determine his or her residence.

(f) To make health care decisions as defined in s. 765.101. If this right is removed from a person, then court approval for the withdrawal or withholding of life-prolonging procedures, as defined in s. 765.101, is required under s. 744.4431.

(g) To make decisions about his or her social environment or other social aspects of his or her life.

(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397.

(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:

1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or

2. It is intended to assist the ward to develop or regain his or her abilities.

(d) Consent on behalf of the ward to termination of the ward’s parental rights.

(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward.

History.—s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102; s. 10, ch. 2006-178; s. 5, ch. 2017-16; s. 2, ch. 2023-287.

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Amendments to 744.3215

Annotations, Discussions, Cases:

Cases Citing Statute 744.3215

Total Results: 39

Godwin v. State

593 So. 2d 211, 1992 WL 4452

Supreme Court of Florida | Filed: Jan 2, 1992 | Docket: 1447514

Cited 93 times | Published

stripped of their voter registration by court order. § 744.3215(2)(b), Fla. Stat. (Supp. 1990). They may not

Vick v. Bailey

777 So. 2d 1005, 2000 WL 1855042

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 1513905

Cited 9 times | Published

of the need for restriction of her rights. See § 744.3215(1)(b), (c), Fla. Stat. (2000). The Ward and any

In Re Guardianship of Bockmuller

602 So. 2d 608, 1992 WL 143616

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 1321722

Cited 8 times | Published

entitled to the award of fees because under section 744.3215(1)(l), Florida Statutes (1989), Mary retained

Scannavino v. Florida Department of Corrections

242 F.R.D. 662, 2007 U.S. Dist. LEXIS 41579, 2007 WL 1557477

District Court, M.D. Florida | Filed: Apr 30, 2007 | Docket: 66030419

Cited 6 times | Published

at 5027 Bow Lane, New Port Richey, Florida. Section 744.3215(3)(b), Florida Statutes, provides that the

In Re Guardianship of Sapp

868 So. 2d 687, 2004 WL 690568

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1510568

Cited 6 times | Published

benefits, section 744.3215(3)(c); (2) To determine the ward's residence, section 744.3215(3)(e); (3)

Vaughan v. Guardianship of Vaughan

648 So. 2d 193, 19 Fla. L. Weekly Fed. D 2617

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 1342691

Cited 6 times | Published

Norma Vaughan contends that section 61.052 and section 744.3215, when read together, are ambiguous and vague

LeWinter v. Guardianship of LeWinter

606 So. 2d 387, 1992 WL 225514

District Court of Appeal of Florida | Filed: Sep 1, 1992 | Docket: 131154

Cited 6 times | Published

able to make informed decisions in his life. See § 744.3215(2), (3), Fla. Stat. (1991). Attached to the report

In Re Guardianship of King

862 So. 2d 869, 2003 WL 22955948

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1762394

Cited 5 times | Published

right to access to the courts and to counsel. § 744.3215(1)(k), (l), Fla. Stat. (2003). Being found incapacitated

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

(5) state which of the rights enumerated in F.S. 744.3215 the alleged incapacitated person is incapable

Kas v. Ret

914 So. 2d 1056, 2005 WL 3179763

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 1781502

Cited 4 times | Published

Grandmother] also asserts that the [W]ard, pursuant to § 744.3215(1)(m), Fla. Stat. (2003)[,] retains the right

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

any disposition of property as set forth in section 744.3215 of the Florida Statutes." The court appointed

Glenda Martinez Smith v. J. Alan Smith

224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146154

Cited 2 times | Published

the right to contract has been removed under section 744.3215(2)(a), Florida Statutes (2016), the ward is

In Re Guardianship of JDS

864 So. 2d 534, 2004 WL 42619

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1426074

Cited 2 times | Published

protect the potential life of the unborn child. Section 744.3215(4), Florida Statutes, states in pertinent

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

737.2065736.0207, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated

Smith v. Lynch

821 So. 2d 1197, 2002 WL 1625547

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1657102

Cited 1 times | Published

or other social aspects of his or her life." § 744.3215(3)(a)-(g), Fla. Stat. (2001).

Handley v. Dennis

642 So. 2d 115, 1994 WL 483492

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 549620

Cited 1 times | Published

right "to determine [the ward's] residence." § 744.3215(3)(e) Fla. Stat. (1991). As the Public Guardian

Lefebvre v. North Broward Hosp. Dist.

566 So. 2d 568, 1990 WL 120665

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547478

Cited 1 times | Published

with an involuntary proceeding. Furthermore, section 744.3215(4)(e), Florida Statutes (1989), provides that

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088044

Published

§ 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Published

rights are being sought to be removed under section 744.3215, Florida Statutes? Indicate which rights that

Jacobsen v. Busko

262 So. 3d 238

District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431882

Published

to hire him as the ward’s attorney. While section 744.3215(1)(l) of the Florida Statutes (2018) does

Hassoun v. Reliastar Life Ins. Co.

288 F. Supp. 3d 1334

District Court, S.D. Florida | Filed: Jan 19, 2018 | Docket: 64316786

Published

3d 740, 747 (Fla. 2017) (In the context of section 744.3215(2)(a), "the right to marry is subject to court

Glenda Martinez Smith v. J. Alan Smith

195 So. 3d 416, 2016 Fla. App. LEXIS 9999, 2016 WL 3540953

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088369

Published

Mitchell v. Moore, 786 So.2d 521, 527 (Fla.2001). Section 744.3215(2), Florida Statutes (2013), which requires

Glenda Martinez Smith v. J. Alan Smith

199 So. 3d 911, 2016 Fla. App. LEXIS 3130, 2016 WL 803625

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040737

Published

court’s order or the controlling statute. Section 744.3215 of the Florida Statutes outlines the rights

Legal Aid Society of Palm Beach County, Inc., Public Guardianship Program v. The Guardianship of Jennifer Jaffe and Ferd and Gladys Alpert Jewish Family & Children's Service

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009691

Published

for which court approval must be obtained.1 See § 744.3215(4), Fla. Stat. (2015). The court may also request

Silveira v. Guardianship of Quiroga

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

that Ana Maria is incapacitated, see § 744.3215(2), (3), Fla. *576 Stat. (2013)

Bivins v. Rogers

147 So. 3d 549, 2014 WL 940659, 2014 Fla. App. LEXIS 3460

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60243274

Published

guardian of the ward’s person and property. See § 744.3215(3)(e), Fla. Stat. (2012). A guardian must obtain

Guardianship of Rawl v. Rawl

133 So. 3d 1179, 2014 WL 889050

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238716

Published

health treatment, and make social decisions. § 744.3215(2), (3). . In a plenary guardianship, the guardian

Auxier v. Jerome Golden Center for Behavioral Health

85 So. 3d 1164, 2012 Fla. App. LEXIS 5572, 2012 WL 1192102

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 444838

Published

arguments, the ward retains a right to counsel. § 744.3215(1)(l), Fla. Stat. (2011); see also In re Beverly

In Re Amend. to Florida Probate Rules

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

advocate. § 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated

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

References § 737.2065, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated

K.A.S. v. R.E.T.

914 So. 2d 1056, 2005 Fla. App. LEXIS 18762

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840958

Published

Grandmother] also asserts that the [W]ard, pursuant to § 744.3215(l)(m), Fla. Stat. (2003)[,] retains the right

O'Hare v. Hamric

868 So. 2d 687, 2004 Fla. App. LEXIS 4340

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 64829028

Published

benefits, section 744.3215(3)(c); (2) To determine the ward’s residence, section 744.3215(3)(e); (3)

Wixtrom v. Department of Children & Families

864 So. 2d 534, 2004 Fla. App. LEXIS 161

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827650

Published

(1993). . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla

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

Committee notes revised. Statutory References § 744.3215, Fla,' Stat. Rights of persons determined incapacitated

Murphey v. Catholic Charities of the Diocese of Palm Beach, Inc.

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

her the right to sue and defend lawsuits. Section 744.3215, Florida Statutes (1991), provides in subsection

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

Committee notes revised. Statutory References § 744.3215(4), Fla.Stat. Rights of persons determined incapacitated

Salmon v. Harris, Barrett, Mann & Dew, P.A.

602 So. 2d 608, 1992 Fla. App. LEXIS 6758

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64668981

Published

entitled to the award of fees because under section 744.-3215(1)(Z), Florida Statutes (1989), Mary retained

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

and codicil. Glatthar concedes that under section 744.3215(l)(o), Florida Statutes (1991) an incapacitated

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

(4) state which of the rights enumerated in F.S. 744.3215 the alleged incapacitated person is incapable