Florida Statute 744.341 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.341

744.341 Voluntary guardianship.—

(1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment. The petition shall be accompanied by a certificate of a licensed physician specifying that he or she has examined the petitioner and that the petitioner is competent to understand the nature of the guardianship and his or her delegation of authority. Notice of hearing on any petition for appointment and for authority to act shall be given to the petitioner and to any person to whom the petitioner requests that notice be given. Such request may be made in the petition for appointment of guardian or in a subsequent written request for notice signed by the petitioner.

(2) If requested in the petition for appointment of a guardian brought under this section, the court may direct the guardian to take possession of less than all of the ward’s property and of the rents, income, issues, and profits from it. In such case, the court shall specify in its order the property to be included in the guardianship estate, and the duties and responsibilities of the guardian appointed under this section will extend only to such property.

(3) Unless the voluntary guardianship is limited pursuant to subsection (2), any guardian appointed under this section has the same duties and responsibilities as are provided by law for plenary guardians of the property, generally.

(4) A guardian must include in the annual report filed with the court a certificate from a licensed physician who examined the ward not more than 90 days before the annual report is filed with the court. The certificate must certify that the ward is competent to understand the nature of the guardianship and of the ward’s authority to delegate powers to the voluntary guardian.

(5) A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated. A copy of the notice must be served on all interested persons.

History.—ss. 11, 26, ch. 75-222; s. 9, ch. 79-221; s. 4, ch. 84-31; s. 38, ch. 89-96; s. 23, ch. 90-271; s. 1080, ch. 97-102; s. 12, ch. 2006-178.

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Amendments to 744.341

Annotations, Discussions, Cases:

Cases Citing Statute 744.341

Total Results: 24

Owen v. Wilson

399 So. 2d 498

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1168343

Cited 7 times | Published

2d DCA 1968). [3] § 744.331, Fla. Stat. [4] § 744.341, Fla. Stat.

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

petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.344

Bryan v. Century National Bank

498 So. 2d 868, 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1700058

Cited 4 times | Published

appointment of a voluntary guardian under section 744.341, Florida Statutes (1977). Although mentally

Webster & Moorefield v. City Nat. Bk.

453 So. 2d 441

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 1651437

Cited 4 times | Published

ward's family only upon court approval); see also § 744.341(2) (voluntary guardian has same duties and responsibilities

Whiting v. Whiting

160 So. 3d 921, 2015 Fla. App. LEXIS 2747, 2015 WL 806820

District Court of Appeal of Florida | Filed: Feb 27, 2015 | Docket: 60246939

Cited 2 times | Published

court to grant the guardian limited authority. § 744.341(3), Fla. Stat. (2014). A voluntary guardianship

CENTURY NAT. BANK OF BROWARD v. Bryan

468 So. 2d 243, 10 Fla. L. Weekly 295

District Court of Appeal of Florida | Filed: Jan 30, 1985 | Docket: 1725622

Cited 1 times | Published

who has become a voluntary ward, pursuant to section 744.341, Florida Statutes (1979), may during the pendency

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

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

Published

for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744

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

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

Published

for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Published

for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744

Wallace v. Comprehensive Pers. Care Servs., Inc.

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719872

Published

fact, section 744.464(2) neither incorporates section 744.341's examination requirements, nor contains any

Wallace v. Comprehensive Pers. Care Servs., Inc.

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719871

Published

fact, section 744.464(2) neither incorporates section 744.341's examination requirements, nor contains any

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

petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744,344

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

(d) added to incorporate 2006 amendment to section 744.341, Florida Statutes, requiring inclusion of physician’s

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

2003 Revision: New rule. Statutory Reference § 744.341, Fla. Stat. Voluntary guardianship. Rule Reference

Shappell v. Williams

834 So. 2d 376, 2003 Fla. App. LEXIS 205, 2003 WL 118280

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 64819865

Published

rested upon the consent of a competent ward. See § 744.341, Fla. Stat. (2001). Moreover, any guardian’s authority

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

petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.344

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

petition for appointment of guardian and hearing. § 744.341, Fla.Stat. Voluntary guardianship. § 744.344,

In re Guardianship of Anderson

568 So. 2d 958, 1990 Fla. App. LEXIS 7447, 1990 WL 142521

District Court of Appeal of Florida | Filed: Sep 26, 1990 | Docket: 64653880

Published

Bill 2770, effective October 1, 1990, amends section 744.341, Florida Statutes (1989) to provide that a

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

guardian; contents. F.S. 744.337 Notice of hearing. F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of

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

guardian; contents. F.S. 744.337 Notice of hearing. F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of

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

guardian; contents. F.S. 744.337 Notice of hearing. F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of

Moses v. Goodson

493 So. 2d 520, 11 Fla. L. Weekly 1866, 1986 Fla. App. LEXIS 9533

District Court of Appeal of Florida | Filed: Aug 27, 1986 | Docket: 64621331

Published

guardian for his mother Levonia Moses under section 744.341, Florida Statutes (1983), at the time of the

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

guardian; contents. F.S. 744.337 Notice of hearing. F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of

Chriss v. Chriss

417 So. 2d 835

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 1722045

Published

Sara, as guardian of her estate, pursuant to Section 744.341, Florida Statutes (1981). The trial court granted