Florida Statute 744.334 - 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. 744.334

744.334 Petition for appointment of guardian or professional guardian; contents.—

(1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and belief, showing the name, age, residence, and post office address of the alleged incapacitated person or minor; the nature of her or his incapacity, if any; the extent of guardianship desired, either plenary or limited; the residence and post office address of the petitioner; the names and addresses of the next of kin of the alleged incapacitated person or minor, if known to the petitioner; the name of the proposed guardian and the reasons why she or he should be appointed guardian; whether the proposed guardian is a professional guardian; the relationship and previous relationship of the proposed guardian to the alleged incapacitated person or minor; any other type of guardianship under part III of this chapter or alternatives to guardianship that the alleged incapacitated person or minor has designated or is in currently or has been in previously; the reasons why a guardian advocate under s. 744.3085 or other alternatives to guardianship are insufficient to meet the needs of the alleged incapacitated person or minor; and the nature and value of property subject to the guardianship. The petition must state whether a willing and qualified guardian cannot be located. As used in this subsection, the term “alternatives to guardianship” means an advance directive as defined in s. 765.101, a durable power of attorney as provided in chapter 709, a representative payee under 42 U.S.C. s. 1007, or a trust instrument as defined in s. 736.0103.

(2) If the petitioner is a professional guardian, she or he may not petition for her or his own appointment unless the petitioner is a relative of the alleged incapacitated person or minor. For purposes of this subsection, the term “relative” means an individual who would qualify to serve as a nonresident guardian under s. 744.309(2). This subsection does not apply to a public guardian appointed under s. 744.2006 who seeks appointment as a guardian of a person of limited financial means and whose compensation as guardian for such person would be paid from the Office of Public and Professional Guardians or any local government.

History.—ss. 11, 26, ch. 75-222; s. 7, ch. 79-221; s. 36, ch. 89-96; s. 21, ch. 90-271; s. 8, ch. 96-354; s. 1784, ch. 97-102; s. 2, ch. 2020-35.

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Amendments to 744.334

Annotations, Discussions, Cases:

Cases Citing Statute 744.334

Total Results: 21

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

incapacitated persons. Statutory References § 744.334, Fla. Stat. Petition for appointment of guardian;

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

pursued, if at all, by the Ward's estate. . Section 744.334, Florida Statutes (2012), provides that every

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

History 1975 Revision: Substantially the same as section 744.334, Florida Statutes, expanded to include provisions

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

744.3085, Fla. Stat. Guardian advocates. § 744.334, Fla. Stat. Petition for appointment of guardian

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

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

Published

and subdivision (c)(9) amended to conform to section 744.334, Florida Statutes, and the list of alternatives

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

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

Published

and subdivision (c)(9) amended to confirm to section 744.334, Florida Statutes, and the list of alternatives

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Published

Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

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

Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

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

Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

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

the appointment of a guardian, see § 744.334, Fla. Stat. (2013); Fla. Prob. R. 5.560, or the

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

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

Stat. Procedures to determine incapacity. *579 § 744.334, Fla. Stat. Petition for appointment of guardian

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

§ 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. Petition for appointment of guardian

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

Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

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

§ 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. Petition for appointment of guardian;

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

References § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla.Stat.' Petition for appointment of guardian;

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

mentally or physically incompetent; procedure. F.S. 744.334 Petition for appointment of guardian; contents

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

mentally or physically incompetent; procedure. F.S. 744.334 Petition for appointment of guardian; contents

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

312 Considerations in appointment of guardian. F.S. 744.334 Petition for appointment of guardian; contents

Johnson v. Knight

424 So. 2d 166, 1983 Fla. App. LEXIS 18402

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 64594400

Published

refuses to consent to the appointment.” F.S. § 744.334 provides: “Petition for appointment of guardian;

Horning v. DeVane

369 So. 2d 655, 1979 Fla. App. LEXIS 21053

District Court of Appeal of Florida | Filed: Apr 4, 1979 | Docket: 64569612

Published

v. Godwin, 323 So.2d 14 (Fla. 1st DCA 1975); § 744.334, Fla.Stat. (1977). GRIMES, C. J., and BOARDMAN