The 2023 Florida Statutes (including 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.

F.S. 744.334 on Google Scholar

F.S. 744.334 on Casetext

Amendments to 744.334

Arrestable Offenses / Crimes under Fla. Stat. 744.334

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.334.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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)

. . . . § 744.334, Fla. Stat. . . .

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

. . . . § 744.334, Fla. Stat. . . .

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

. . . they do not comply with the legal requirements for a petition for the appointment of a guardian, see § 744.334 . . . appointed as her sister’s guardian do not comply with the applicable statutes and procedural rules, see § 744.334 . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . Section 744.334, Florida Statutes (2012), provides that every petition for the appointment of a guardian . . .

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

. . . . § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. . . .

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

. . . . § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. . . .

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

. . . . § 744.334, Fla. Stat. . . . (b)-(c) [No Change] Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334 . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334 . . . contemporaneously with the petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 . . . Procedures to determine incapacity. § 744.334, Fla. Stat. . . .

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

. . . . § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. . . . Guardians of minors. § 744.334, Fla. Stat. . . . Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334 . . . Procedures to determine incapacity. § 744.334, Fla. Stat. . . .

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

. . . . § 744.334, Fla. Stat. Petition for appointment of guardian; contents. § 744.3371(2), Fla. Stat. . . . Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334 . . . contemporaneously with the petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 . . . Procedures to determine incapacity. § 744.334, Fla. Stat. . . .

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

. . . . § 744.334, Fla.Stat. Petition for appointment of guardian; contents. § 744.3371(2), Fla.Stat. . . . Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334 . . . contemporaneously with the petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 . . . Procedures to determine incapacity. § 744.334, Fla.Stat. . . .

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

. . . F4=k§ 744.334, Fla.Stat. Petition for appointment of guardian; contents. . . . Guardians of minors. § 744.334, Fla.Stat.' . . . Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334 . . . Procedures to determine incapacity. § 744.334, Fla.Stat. . . .

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

. . . Statutory References § 744.334, Fla.Stat. . . . Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334 . . . contemporaneously with the petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 . . . Procedures to determine incapacity. § 744.334, Fla.Stat. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 744.334 Petition for appointment of guardian; contents. . . . Committee Notes Rule History 1975 Revision: Substantially the same as F.S. 744.334, expanded to include . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S. 744.334 . . . F.S. 744.334 Petition for appointment of guardian; contents. F.S. 744.337 Notice of hearing. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Committee Notes Rule History 1975 Revision: Substantially the same as FGL 744.334, expanded to include . . . committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to FGL 744.334 . . . F.S. 744.334 Petition for appointment of guardian; contents. F.S. 744.337 Notice of hearing. . . .

JOHNSON v. KNIGHT,, 424 So. 2d 166 (Fla. Dist. Ct. App. 1983)

. . . . § 744.334 provides: “Petition for appointment of guardian; contents, — Every petition for the appointment . . .

THE FLORIDA BAR. In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 387 So. 2d 949 (Fla. 1980)

. . . affect the incompetent or his prop ■ Committee Notes: 1975 Revision: Substantially the same as FGL 744.334 . . . committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to FGL 744.334 . . .

In GUARDIANSHIP OF M. HORNING, J. HORNING, v. A. DeVANE,, 369 So. 2d 655 (Fla. Dist. Ct. App. 1979)

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

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Substantially the same as FGL 744.334 expanded to include provisions of FGL 744.-302 and FGL 744.312 . . .