The 2023 Florida Statutes (including 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.

F.S. 744.341 on Google Scholar

F.S. 744.341 on Casetext

Amendments to 744.341

Arrestable Offenses / Crimes under Fla. Stat. 744.341

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.341.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLACE, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC., 275 So. 3d 782 (Fla. App. Ct. 2019)

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

In AMENDMENTS TO FLORIDA PROBATE RULES, 200 So. 3d 761 (Fla. 2016)

. . . . §.744.341, Fla. Stat. Voluntary guardianship. § 744-.344744.2005, Fla. Stat. . . .

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

. . . . § 744.341, Fla. Stat. Voluntary guardianship. § 744,344, Fla. Stat. . . .

WHITING, Y. v. WHITING,, 160 So. 3d 921 (Fla. Dist. Ct. App. 2015)

. . . . § 744.341(3), Fla. Stat. (2014). . . . Id. § 744.341(5). . . .

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

. . . History 2003 Revision: New rule. 2006 Revision: New (d) added to incorporate 2006 amendment to section 744.341 . . . Statutory Reference § 744.341, Fla. Stat. Voluntary guardianship. Rule Reference Fla. Prob. . . . Notice of petition for appointment of guardian and hearing. § 744.341, Fla. Stat. . . .

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

. . . Statutory Reference § 744.341, Fla. Stat. Voluntary guardianship. Rule Reference Fla. Prob. . . . Notice of petition for appointment of guardian and hearing. § 744.341, Fla. Stat. . . .

In GUARDIANSHIP OF JENSEN, L. v. C. Jr., 834 So. 2d 376 (Fla. Dist. Ct. App. 2003)

. . . See § 744.341, Fla. Stat. (2001). . . .

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

. . . . § 744.341, Fla. Stat. Voluntary guardianship. § 744.344, Fla. Stat. . . .

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

. . . . § 744.341, Fla.Stat. Voluntary guardianship. § 744.344, Fla.Stat. . . .

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

. . . . § 744.341, Fla.Stat. Voluntary guardianship. § 744.344, Fla.Stat. . . .

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

. . . . § 744.341, Fla.Stat. Voluntary guardianship. § 744.344, Fla.Stat. . . .

In GUARDIANSHIP OF M. ANDERSON, 568 So. 2d 958 (Fla. Dist. Ct. App. 1990)

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

In CAUCUS DISTRIBUTORS, INC. In CAMPAIGNER PUBLICATIONS, INC. In FUSION ENERGY FOUNDATION, INC., 106 B.R. 890 (Bankr. E.D. Va. 1989)

. . . . § 744.341(1) (1984) (stating in part: “The [voluntary] petition shall be accompanied by a certificate . . .

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

. . . F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of appointment. . . .

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

. . . F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of appointment. . . .

IN RE GUARDIANSHIP OF BETTY V. CHADWICK,, 20 Fla. Supp. 2d 72 (Fla. Cir. Ct. 1986)

. . . court is called upon to resolve is as follows: In a voluntary guardianship proceeding, pursuant to F.S. 744.341 . . . The entire basis of such a proceeding as created by Sec. 744.341 is the capacity of the ward who is therefore . . .

A. BRYAN, III, v. CENTURY NATIONAL BANK,, 498 So. 2d 868 (Fla. 1986)

. . . Section 744.341(2), Florida Statutes (1977), specifically provides: “Any guardian appointed under this . . . petitioner is competent to understand the nature of the guardianship and his delegation of authority.” § 744.341 . . . Camille Perry Bryan petitioned the probate court for appointment of a voluntary guardian under section 744.341 . . . assistance in “the care, custody and management of [her] estate by reason of age or physical infirmity.” § 744.341 . . . 331, Florida Statutes (1985), the voluntary scheme requires an affirmative finding of competency. § 744.341 . . . care, custody and management of [their] estate(s) by reason of age or physical infirmity,” section 744.341 . . . In order to have cooperation, of course, there must first be communication; section 744.341(1) requires . . .

MOSES, v. W. GOODSON,, 493 So. 2d 520 (Fla. Dist. Ct. App. 1986)

. . . of the record shows appellant was not a lawful guardian for his mother Levonia Moses under section 744.341 . . .

CENTURY NATIONAL BANK OF BROWARD, v. A. BRYAN, III, H. BRYAN, Sr. v. A. BRYAN, III, P., 468 So. 2d 243 (Fla. Dist. Ct. App. 1985)

. . . these consolidated appeals is whether a person who has become a voluntary ward, pursuant to section 744.341 . . . the appellants filed motions for summary judgment based on their competing interpretations of section 744.341 . . . procedure for establishing a voluntary guardianship was first enacted in 1975 and is codified as section 744.341 . . . Section 744.341 provides that the voluntary guardian shall have the same duties and responsibilities . . . HURLEY and WALDEN, JJ., concur. . 744.341 Voluntary guardianship.— (1) Without adjudication of incompetency . . .

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

. . . F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of appointment. . . .

WEBSTER MOOREFIELD, P. A. A. A. v. CITY NATIONAL BANK OF MIAMI, C. W. C. W., 453 So. 2d 441 (Fla. Dist. Ct. App. 1984)

. . . may make gifts of ward’s property to members of ward’s family only upon court approval); see also § 744.341 . . . We reject the guardian’s contention that pursuant to Section 744.341(1), a ward may be competent to give . . . Section 744.341(1), Florida Statutes (1983) states: (1) Without adjudication of incompetency, the court . . .

S. CHRISS, v. P. CHRISS,, 417 So. 2d 835 (Fla. Dist. Ct. App. 1982)

. . . petitioned the circuit court to appoint her mother, Sara, as guardian of her estate, pursuant to Section 744.341 . . . (None was required by Section 744.341 unless requested by the ward.) . . . , the trial court found that the petition of Julia for voluntary guardianship complied with Section 744.341 . . . Section 744.341, Florida Statutes, provides in pertinent part as follows: (1) Without adjudication of . . . Julia has and had no physical infirmity which would allow the appointment of a guardian for her under § 744.341 . . .

A. AHLMAN, v. F. WOLF,, 413 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . Upon the ward’s petition for voluntary guardianship filed under Sec. 744.341, Fla. . . . The entire basis of such a proceeding, as created by Sec. 744.341, is the capacity of the ward, who is . . . Affirmed. . 744.341 Voluntary guardianship.— (1) Without adjudication of incompetency, the court shall . . .

C. OWEN, v. WILSON, W. Jr. F. S., 399 So. 2d 498 (Fla. Dist. Ct. App. 1981)

. . . Sec. 744.341, Fla.Stat. (1979). . . . 682 (Fla. 2d DCA 1966), after remand, 208 So.2d 670 (Fla. 2d DCA 1968). . § 744.331, Fla.Stat. . § 744.341 . . .