Florida/Georgia Personal Injury & Workers Compensation

...MOORE, J., and DURANT, N. JOSEPH, Jr., Associate Judge, concur. ALDERMAN, C.J., participating only on oral argument. NOTES [1] Section 744.301(1). The mother and father jointly are natural guardians of their own children and of their adopted children during minority. [2] Section 744.361(1)....

...ich unnecessarily takes her from her own home in order either to enrich her heirs or relieve her son of that obligation simply cannot be said to serve her "best interests." The legislature has reflected just these considerations by mandating in Sec. 744.361(3), Fla....

...I The controlling law is well-settled that under the Florida Guardianship Law [Ch. 744, Fla. Stat. (1981)], the circuit court has broad discretionary powers over decisions made by a guardian for his ward, including those relating to the ward's residence. Section 744.361, Florida Statutes (1981) provides that a guardian's selection of a place of residence for his incompetent ward "shall be subject to review by the [circuit] court;" and upon the guardian's petition for "[a]ny change of care, maintenanc...

...This petition was acquiesced in by Edward Golden, Mrs. Greenfield's court-appointed guardian, and was opposed only by Mrs. Greenfield's daughter Carol Bergman. The circuit court, therefore, had the authority to rule on this petition as if it had been filed by the guardian himself. See §§ 744.361, 744.371, Fla....

...tion the court's wholesale enlistment of Baker Act cases to reach that result. Moreover, I entirely agree that both the guardian and the court should presumptively prefer a ward's expressed wishes to remain in her home as her place of residence. See § 744.361(3), Fla....

...In order to properly consider O'Hare and Atherton's argument, we must first survey the duties of a guardian of the person. The powers and duties of a guardian of the person include the exercise of the rights of the ward that have been delegated to the guardian. § 744.361(1)....

...N OF FLA. STAT. 787.02, FALSE IMPRISONMENT, and FLA. STAT. 787.03, INTERFERENCE WITH CUSTODY? The State argues that the child was in the lawful custody of the mother, MARY L. DRIGGERS. See Fla. Stat. 744.301(1). The State also argues that Fla. Stat. 744.361(2) gives the mother guardianship of the person, as well as the property of the child....

...The guardian of the ward’s property, on the other hand, is entrusted with protecting and preserving the ward’s property, performing all duties required of him or her by law, and delivering, upon termination of the guardianship, all property to those so entitled. See § 744.361(6)(a)-(c), Fla. Stat. (2012). A guardian of the property of a ward shall “[p]rotect and preserve the property and invest it prudently[,] ... apply it as provided in s. 744.397, and account for it faithfully.” § 744.361(6)(a), Fla....

...[3] Section 744.301 states that a mother and father are the natural guardians of their own children (as well as those they adopt). In a related provision, the legislature has required that the "guardian of a minor shall exercise the powers of a plenary guardian." See § 744.361(1)....

...While the law recognizes that the duties of a natural guardian to an unemancipated child include the obligation to nurture, support, educate and protect the child, there are other opportunities that can be provided to learn a trade, occupation, or profession other than through a college education. See Kern, 360 So.2d at 484; § 744.361(1), Fla....

...The portion of the order requiring McGilton to return $35,000 is the subject of this appeal. McGilton raises three issues on appeal. We find two of them persuasive. Initially, McGilton contends the guardianship court had no authority to rescind a transaction occurring before the guardianship. We disagree. Section 744.361, Florida Statutes (1997), specifically includes pre-guardianship assets in the property that the guardian shall, with court approval, take possession of. Section 744.361 details the powers and duties of guardians. Section 744.361(8) provides as follows: The guardian, if authorized by the court, shall take possession of all of the ward's property and of the rents, income, issues, and profits from it, whether accruing before or after the guardian's appointment,...

...ardian for the payment of debts, taxes, claims, charges, and expenses of the guardianship and for the care, support, maintenance, and education of the ward or the ward's dependents, as provided for under the terms of the guardianship plan or by law. § 744.361(8), Fla....

...n point; that discussion reads as follows: Section 744.301, Florida Statutes (1979), provides in part: If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded. Section 744.361, Florida Statutes (1979), provides in part: (1) It is the duty of the guardian of the person to take care of the person of the ward, to treat him humanely, and, if he is a minor, to see that he is properly educated and that he has the opportunity to learn a trade, occupation, or profession....

...tion to dismiss based on lack of standing. Section 744.301, Florida Statutes (1979), provides in part: If the marriage between the parents is dissolved, the natural guardianship shall belong to the parent to whom the custody of the child is awarded. Section 744.361, Florida Statutes (1979), provides in part: (1) It is the duty of the guardian of the person to take care of the person of the ward, to treat him humanely, and, if he is a minor, to see that he is properly educated and that he has the opportunity to learn a trade, occupation, or profession....

...1988 Revision: Editorial change in (c). First and last sentences of (d) deleted and clarifying word added. Statutory References F.S. 744.201 Change of domicile of ward. F.S. 744.202 Venue. F.S. 744.309 Who may be appointed guardian of a resident incompetent. F.S. 744.361(3) Duties and powers of guardian of the person....

...1988 Revision: Editorial change in (c). First and last sentences of (d) deleted and clarifying word added. Statutory References F.S. 744.201 Change of domicile of ward. F.S. 744.202 Venue. F.S. 744.309 Who may be appointed guardian of a resident incompetent. F.S. 744.361(3) Duties and powers of guardian of the person....

...agreement, concluding that the court lacked the legal authority to approve said agreement because the terms of the agreement would remain in effect even after the date the minor turned eighteen years old. Specifically, the trial court concluded that section 744.361(6)(e) of the Florida Statutes (2009) required the court to ensure that, once the minor turned eighteen years old, the proceeds from her lawsuit would be available to her. The statute reads: 744.361....

...prove, provided that the contract is “appropriate for, and in the best interest of, the ward.” All parties and the trial court agreed that the annuity contract proposed by the parties in this case was in the minor’s best interest. In addition, section 744.361(6)(c) does not prohibit the entering into an annuity contract as long as the annuity contract is delivered to the ward at the termination of the guardianship....

strengthening the supervisory powers of the court.4 Section 744.361(2), Florida Statutes, requires guardians to

...autism spectrum disorder. The ward’s autism impacts his ability to expressly communicate his wishes regarding the level of contact which he desires to maintain with his family, such that those wishes can be effectuated consistent with sections 744.3215 and 744.361(13), Florida Statutes (2016)....

...Then, as guardian, she refused to allow the father to communicate or visit with the ward. In response, the father filed a petition for judicial review pursuant to section 744.3715, Florida Statutes (2016), arguing that the guardian had denied him visitation. The father claimed that the guardian violated section 744.361(13)(b), Florida Statutes (2016), which requires a guardian to “[a]llow the ward to maintain contact with family and friends unless the guardian believes that such contact may cause harm to the ward.” The guardian answered, denying...

...That section pertinently provides: (1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian . . . is denying visitation between the ward and his or her relatives in violation of s. 744.361(13), or is not acting in the best interest of the ward....

...(citations omitted). Similarly, in this case, section 744.3715 provides that where visitation by a guardian is denied to the ward’s relatives, it is the court which must determine visitation. Thus, the guardian’s exercise of authority over visitation pursuant to section 744.361(13) must ultimately yield to the court’s determination upon a petition for judicial review under section 744.3715, as is the case here....

...-4-  Finally, we amend rule 5.705 (Petition for Interim Judicial Review), subdivision (a) (Contents), to provide that a petition for interim judicial review may allege that the guardian is acting in a manner contrary to section 744.361, Florida Statues. See ch. 2015-83, § 15 and § 18, Laws of Fla. (amending section 744.361, Florida Statutes, to add additional powers and duties of a guardian acting on behalf of a ward, and section 744.3715, Florida Statutes, to provide that a petition for interim judicial review may allege that the guardian is acting contrary to any of the powers and duties outlined in section 744.361, or that the guardian is denying visitation between the ward and his or her relatives in violation of section 744.361(13)). Accordingly, the Florida Probate Rules are hereby amended as reflected in the appendix to this opinion....

...the petitioner’s interest in the proceeding, state with particularity the manner in which the guardian’s action or proposed action does not comply with or exceeds the guardian’s authority under the guardian plan, or state that the guardian is acting in a manner contrary to section 744.361, Florida Statutes, and state why the action, or proposed action, or conduct of the guardian is not in the best interest of the ward. (b) – (d) [No Change] Committee Notes - 11 -  Rule History 1991 – 2008 Revisions [No Change] 2015 Revision: Subdivision (a) amended to conform to changes in sections 744.361 and 744.3715, Florida Statutes. Citation revised in committee notes. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.361, Fla....

...ts of the ward.” Romano, 153 So. 3d at 918; § 744.1012(3), Fla. Stat. (2019). Finally, the guardian of an incapacitated person is a fiduciary and “shall act within the scope of authority granted by the court and as provided by law.” § 744.361(1) and (2), Fla. Stat. (2019). “A guardian may not act in a manner contrary to the ward’s best interests under the circumstances.” § 744.361(4), Fla....

...urt instead ordered Appellant to transfer title to the Ponte Vedra Home solely to the Guardian to be used for the benefit of the Ward. The guardianship court may authorize a guardian to take possession of pre-guardianship assets of a ward. Section 744.361(12) provides: The guardian, if authorized by the court, shall take possession of all of the ward’s property and of the rents, income, issues, and profits from it, whether accruing bef...

...rges, and expenses of the guardianship and for the care, support, maintenance, and education of the ward or the ward’s dependents, as provided for under the terms of the guardianship plan or by law. § 744.361(12), Fla....

...In order to properly consider O’Hare and Atherton’s argument, we must first survey the duties of a guardian of the person. The powers and duties of a guardian of the person include the exercise of the rights of the ward that have been delegated to the guardian. § 744.361(1)....