CopyCited 7 times | Published | Florida 5th District Court of Appeal
...This is an appeal of an Order Determining Heirs, Approving Accounting and Directing Distribution. The main issue is whether Florida's nonademption statute, section
732.606, Florida Statutes (1979), applies to a devise by a ward of a voluntary guardianship. Sec.
744.341, Fla....
...NOTES [1] Emily Miller, deceased, was living at the time of Simpson's death. [2] Eisenschenk v. Fowler,
82 So.2d 876 (Fla. 1965), and Forbes v. Burket,
181 So.2d 682 (Fla. 2d DCA 1966), after remand,
208 So.2d 670 (Fla. 2d DCA 1968). [3] §
744.331, Fla. Stat. [4] §
744.341, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...Considerations in appointment of guardian. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.334, Fla. Stat. Petition for appointment of guardian; contents. §
744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.341, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817
...obtained. Prior to analyzing the statutory provisions involving voluntary guardianships, we turn to the facts of the case. In 1977, ninety-eight year old Camille Perry Bryan petitioned the probate court for appointment of a voluntary guardian under section 744.341, Florida Statutes (1977). Although mentally competent, Camille sought assistance in "the care, custody and management of [her] estate by reason of age or physical infirmity." § 744.341(1)....
...on based on the court's failure to adequately distinguish between voluntary and involuntary guardianships. The problem, in part, lay in the statute's lack of guidance in setting forth the law of voluntary guardianships. The statute before the court, section 744.341, Florida Statutes (1979), included a provision in subsection (2) that "[a]ny guardian appointed under this section shall have the same duties and responsibilities as are provided by law as to guardians of property generally." While th...
...The most basic distinction, of course, involves the competency of the ward. While an involuntary guardianship requires an adjudication of incompetency, section
744.331, Florida Statutes (1985), the voluntary scheme requires an affirmative finding of competency. §
744.341(1)....
...Another important distinction is the lack of a requirement of notice to interested third parties. No basis existed for CNB's insistence upon obtaining the consent of Camille's heirs prior to seeking validation of the transfer, as the ward had not requested that they be notified. § 744.341(1)....
...which is only voidable rather than void. Fleming. Respondent CNB, on the other hand, contends that the statute mandates protection for those "incapable of the care, custody and management of [their] estate(s) by reason of age or physical infirmity," section 744.341(1), and that reversal of the opinion below would render the elderly vulnerable to those seeking to prey upon the weak....
...the initial petition. As stated above, the voluntary guardianship statute emphasizes a flexible relationship involving cooperation and teamwork between the parties involved. In order to have cooperation, of course, there must first be communication; section 744.341(1) requires notice to the ward whenever the guardian seeks authority to act....
...The two cases are so factually dissimilar as to preclude any basis for finding direct conflict. I also disagree with the majority's holding that the responsibilities of a guardian of a voluntary guardianship are different from those of a guardian of an involuntary guardianship. Section 744.341(2), Florida Statutes (1977), specifically provides: "Any guardian appointed under this section shall have the same duties and responsibilities as are provided by law as to guardians of property generally." The difference between volun...
...The person requesting *875 that a guardian be appointed for his estate need only file a petition "accompanied by a certificate of a licensed physician that he has examined the petitioner and that the petitioner is competent to understand the nature of the guardianship and his delegation of authority." § 744.341(1), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Hand's property at the time he received the $25,000, he was, as the trial court found, legally incapable of accepting the gift. See §
744.441(17) (involuntary guardian may make gifts of ward's property to members of ward's family only upon court approval ); see also §
744.341(2) (voluntary guardian has same duties and responsibilities as involuntary guardian of property). Further, the ward was without the capacity to convey her property to the guardian as a gift. We reject the guardian's contention that pursuant to Section
744.341(1), [1] a ward may be competent to give her property to the guardian as a gift, without court approval, even though senility has rendered her incapable of managing her estate....
...Ahlman to himself for his duties as social secretary during the seven months that he also acted as guardian, and (2) the amount Mr. Ahlman owes the estate for damages incurred in the attempted sale, without court approval, of Mrs. Hand's personal property. Affirmed and remanded for clarification. NOTES [1] Section 744.341(1), Florida Statutes (1983) states: (1) Without adjudication of incompetency, the court shall appoint a guardian of the estate of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 2747, 2015 WL 806820
...he nature of the guardianship and the delegation of authority involved.” Id. at 872 . Although voluntary guardianships are presumed to grant the guardian plenary authority, the parties may request the court to grant the guardian limited authority. § 744.341(3), Fla. Stat. (2014). A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated. Id. § 744.341(5)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 295
...Bryan, III, of Law Offices of McCune, Hiaasen, Crum, Ferris & Gardner, Fort Lauderdale, in pro. per. Rehearing, Rehearing En Banc and Clarification Denied May 30, 1985. DOWNEY, Judge. The dispositive question in these consolidated appeals is whether a person who has become a voluntary ward, pursuant to section 744.341, Florida Statutes (1979), may during the pendency of the voluntary guardianship make inter vivos conveyances of the ward's real and personal property without court approval....
...Some of the heirs acquiesced in appellee Bryan's contentions, but others, who are appellants, denied Bryan's title based upon an assertion that appellee was guilty of inequitable conduct. Appellee Reed Bryan, III, and the appellants filed motions for summary judgment based on their competing interpretations of section 744.341, Bryan contending that Camille had the power to convey the property without court approval, despite the voluntary guardianship, and the appellants contending that, by obtaining a voluntary guardianship, she surrendered the power to convey any of her property without such approval....
...The judgment further found that the appellant heirs offered insufficient evidence to support the affirmative defense of unclean hands and that the Bank failed to prove the grounds of its counterclaim to quiet title. The procedure for establishing a voluntary guardianship was first enacted in 1975 and is codified as section 744.341, Florida Statutes (1979)....
...iar statutes of those states. As a result of our research on the subject, we believe the statutory scheme adopted in Florida renders a voluntary ward legally unable to convey his property, whether by gift or otherwise, without approval of the court. Section 744.341 provides that the voluntary guardian shall have the same duties and responsibilities as other guardians of property generally....
...supervision of a voluntary guardian and the court, he can petition the court to terminate the proceeding. As the Third District said in Ahlman v. Wolf,
413 So.2d 787, 788 (Fla. 2d DCA 1982): The entire basis of such a proceeding, as created by Sec.
744.341, is the capacity of the ward, who is therefore statutorily required to be "mentally competent," voluntarily to petition for its institution, to designate the guardian, and it necessarily follows, to secure the discontinuance of the guardianship at his request....
...vercome by clear and convincing evidence. Nevertheless, we reverse the order appealed from because Camille Bryan did not have the capacity to make the conveyance in question without court approval. REVERSED. HURLEY and WALDEN, JJ., concur. NOTES [1] 744.341 Voluntary guardianship....
CopyPublished | Supreme Court of Florida
...Petition to determine incapacity.
§
744.331, Fla. Stat. Procedures to determine incapacity.
§
744.334, Fla. Stat. Petition for appointment of guardian or professional
guardian; contents.
§
744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and
hearing.
§
744.341, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Citation form changes in committee notes. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent. F.S.
744.312 Considerations in appointment of guardian. F.S.
744.334 Petition for appointment of guardian; contents. F.S. 744.337 Notice of hearing. F.S.
744.341 Voluntary guardianship....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Citation form changes in committee notes. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent. F.S.
744.312 Considerations in appointment of guardian. F.S.
744.334 Petition for appointment of guardian; contents. F.S. 744.337 Notice of hearing. F.S.
744.341 Voluntary guardianship....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...Considerations in appointment of guardian. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.334, Fla. Stat. Petition for appointment of guardian; contents. §
744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.341, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Considerations in appointment of guardian. §
744.331, Fla.Stat. Procedures to determine incapacity. §
744.334, Fla.Stat. Petition for appointment of guardian; contents. §
744.3371(1), Fla.Stat. Notice of petition for appointment of guardian and hearing. §
744.341, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...Editorial changes and committee notes revised. Statutory References F.S.
744.309 Who may be appointed guardian of a resident incompetent. F.S.
744.312 Considerations in appointment of guardian. F.S.
744.334 Petition for appointment of guardian; contents. F.S. 744.337 Notice of hearing. F.S.
744.341 Voluntary guardianship....
CopyPublished | Florida 3rd District Court of Appeal
fact, section
744.464(2) neither incorporates section
744.341's examination requirements, nor contains any
CopyPublished | Florida 3rd District Court of Appeal
fact, section
744.464(2) neither incorporates section
744.341's examination requirements, nor contains any
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...The ward may terminate a voluntary guardianship by Sling a notice of termination. Copies of the notice shall be served on all interested persons. The guardian shall file a petition for discharge in accordance with these rules. Committee Notes Rule History 2003 Revision: New rule. Statutory Reference § 744.341, Fla....
...Considerations in appointment of guardian. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. §
744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.341, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 205, 2003 WL 118280
...and appointing an attorney ad litem to marshal the assets of Ms. Jensen. Ms. Jensen died in 1997. We affirm. *377 This proceeding involved a voluntary guardianship, in which the guardian’s authority rested upon the consent of a competent ward. See § 744.341, Fla....
CopyPublished | Supreme Court of Florida
for appointment of guardian and hearing. §
744.341, Fla. Stat. Voluntary guardianship. § 744
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...Copies of the notice shall be served on all interested persons. The guardian shall file a petition for discharge in accordance with these rules. Committee Notes Rule History 2003 Revision: New rule. 2006 Revision: New (d) added to incorporate 2006 amendment to section 744.341, Florida Statutes, requiring inclusion of physician’s certificate in annual report, and subsequent subdivision relettered. Committee notes revised. Statutory Reference § 744.341, Fla....
...Considerations in appointment of guardian. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. §
744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.341, Fla....
CopyPublished | Supreme Court of Florida
...Petition to determine incapacity.
§
744.331, Fla. Stat. Procedures to determine incapacity.
§
744.334, Fla. Stat. Petition for appointment of guardian or professional
guardian; contents.
§
744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and
hearing.
§
744.341, Fla....
CopyPublished | Florida 1st District Court of Appeal
...Pursuant to the dissolution agreement, George holds assets for Julia and the other children in a custodial or trustee capacity, which funds have not been available to Sara. In May 1981 Julia petitioned the circuit court to appoint her mother, Sara, as guardian of her estate, pursuant to Section 744.341, Florida Statutes (1981). The trial court granted the petition naming Sara guardian and issued letters of guardianship to Sara. No notice of the proceeding was given to George. (None was required by Section 744.341 unless requested by the ward.) Approximately one month later, George filed an amended motion to vacate and set aside the order appointing guardian and alternatively requested that either he and Sara be appointed co-guardians of Julia'...
...set aside the order appointing guardian and directing George to forthwith deliver possession of the assets held by him to guardian Sara. Among other findings, the trial court found that the petition of Julia for voluntary guardianship complied with Section 744.341, Florida Statutes; that Sara is entitled to act in her capacity as guardian of Julia; and that George is not a party to the cause and has no standing before the court to attack the petition for voluntary guardianship....
...We find that *837 George, as the father of Julia and as the holder of assets of Julia, pursuant to the final judgment of dissolution of the marriage between George and Sara, had an interest in the subject matter and therefore standing to question the legality of the voluntary guardianship proceeding. Section 744.341, Florida Statutes, provides in pertinent part as follows: (1) Without adjudication of incompetency, the court shall appoint a guardian of the estate of a resident or nonresident person who, though mentally competent, is incapable of t...
...Under the circumstances, it was an abuse of discretion for the trial court to deny George's motion for intervention and to deny him an opportunity to prove his allegations that Julia has and had no physical infirmity which would allow the appointment of a guardian for her under § 744.341 and that Sara was and is not qualified to be guardian....
CopyPublished | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1866, 1986 Fla. App. LEXIS 9533
BARFIELD, Judge. The final summary judgment, setting aside a deed to appellant from the mother of both appellant and appellee, is reversed. Our review of the record shows appellant was not a lawful guardian for his mother Levonia Moses under section 744.341, Florida Statutes (1983), at the time of the conveyance....
