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Florida Statute 744.362 - Full Text and Legal Analysis

Florida Statute 744.362 | Lawyer Caselaw & Research

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The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

744.362 Initial guardianship report.—

(1) Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of the person must consist of an initial guardianship plan. The initial report shall be served on the ward, unless the ward is a minor under the age of 14 years or is totally incapacitated, and the attorney for the ward. Either the ward or the ward’s attorney may request a hearing concerning the adequacy of the report.

(2) Review of the initial guardianship report and representation of the ward during an objection thereto, if any, shall be the appointed attorney’s final official action on behalf of the ward. Thereafter, the court-appointed attorney is no longer obligated to represent the ward.

History.—s. 46, ch. 89-96; s. 30, ch. 90-271; s. 24, ch. 92-200; s. 23, ch. 95-401; s. 1085, ch. 97-102.

F.S. 744.362 on Google Scholar

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Amendments to 744.362

Annotations, Discussions, Cases:

Cases Citing Statute 744.362

Total Results: 17 | Sort by: Relevance | Newest First

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...n suggested with respect to such rules. Rule History 1991 Revision: New rule adopted to apply to guardianships over minors who are not incapacitated persons. Statutory References § 744.334, Fla. Stat. Petition for appointment of guardian; contents. § 744.362, Fla....

...1991 Revision: Changes to conform to 1989 and 1990 revisions to guardianship law. Adds additional documents to be signed by the guardian. Statutory references added. Statutory References § 744.3215, Fla. Stat. Rights of persons determined incapacitated. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.362, Fla....

...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Former FPR 5.620(b) has been deleted as partly substantive and addressed in section 744.381, Florida Statutes, and the procedural part is unnecessary. The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

...th the appointment. Therefore, the issuance of letters is a more practical time from which to measure the beginning of the time period for the accomplishment of this act. Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 744.362, Fla....

...Copies of the initial guardianship report shall be served on the ward and the attorney for the ward, if any. With approval of the court, service on the ward may be accomplished by serving the attorney for the ward. Committee Notes The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

...In the event the guardian of the property and the guardian of the person are not the same entity or person, they shall make a good faith effort to jointly file the initial guardianship report. Rule History 1991 Revision: New rule. Statutory References § 744.362, Fla....

...1988 Revision: Captions added to subdivisions. Committee notes revised. Citation form change in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Revised to conform with new statutory requirements. Statutory References § 744.362, Fla....

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. *158 1991 Revision: Former rule 5.620(b) has been deleted as partly substantive and addressed in section 744.381, Florida Statutes, and the procedural part is unnecessary. The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

...the accomplishment of this act. 1992 Revision: Citation form changes in committee notes. 2005 Revision: Editorial changes in (d). 2007 Revision: Committee notes revised. Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 744.362, Fla....

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Former rule 5.620(b) has been deleted as partly substantive and addressed in section 744.381, Florida Statutes, and the procedural part is unnecessary. The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

...ure the beginning of the time period for the accomplishment of this act. 1992 Revision: Citation form changes in committee notes. 2005 Revision: Editorial changes in (d). Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 744.362, Fla....

Amendments to the Florida Prob. Rules, 778 So. 2d 272 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

...§ 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. Petition for appointment of guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla....

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...Statutory References § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla.Stat.' Petition for appointment of guardian; contents. § 744.3371(2), Fla.Stat. Notice of petition for appointment of guardian and hearing. § 744.342, FIa.Stat. Minors; guardianship. § 744.362, Fla.Stat....

...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Former FPRruIe 5.620(b) has been deleted as partly substantive and addressed in section 744.381, Florida Statutes, and the procedural part is unnecessary. The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

...Therefore, the issuance of letters is a more practical time from which to measure the beginning of the time period for the accomplishment of this act. 1992 Revision: Citation form changes in committee notes. Statutory References § 199.062(4), Fla.Stat. Annual tax information reports. § 744.362, Fla.Stat....

...or is totally incapacitated, and the attorney for the ward, if any. With approval of the court, service on the ward may be accomplished by serving the attorney for the ward. Committee Notes The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

...tial guardianship report. Rule History 1991 Revision: New rule. 1992 Revision: Addition of phrase in subdivision (b) to conform to 1992 amendment to section 744,362(1), Florida Statutes. Citation form changes in committee notes. Statutory References § 744.362, Fla.Stat....

...Citation form change in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Revised to conform with new statutory requirements. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.362, Fla.Stat....

In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

...R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.690. INITIAL GUARDIANSHIP REPORT (a)-(b) [NO CHANGE] Committee Notes The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

...R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.690. INITIAL GUARDIANSHIP REPORT (a)-(b) [NO CHANGE] Committee Notes The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

...Guardian advocates. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla....

Martinez v. Cramer, 125 So. 3d 974 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 3014005, 2013 Fla. App. LEXIS 9647

until review of the initial guardianship report. § 744.362(2), Fla. Stat. (2012). We have previously held

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Guardians of minors. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. ’ § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla....

...Adds additional documents to be signed by the guardian. Statutory references added. 2003 Revision: Committee notes revised. Statutory References § 744.3215, Fla,' Stat. Rights of persons determined incapacitated. § 744.331, Fla. Stat. Procedures to -determine incapacity. § 744.362, Fla....

Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

initial guardianship report in accordance with section 744.362, Florida Statutes, and thereafter to file an

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...Adds additional documents to be signed by the guardian. Statutory references added. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla....

...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Former rule 5.620(b) has been deleted as partly substantive and addressed in section 744.381, Florida Statutes, and the procedural part is unnecessary. The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment....

...2005 Revision: Editorial changes in (d). 2007 Revision: Committee notes revised. 2008 Revision: Adds reference to guardian advocate in new (e). Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla....

...1991 Revision: Revised to conform with new statutory requirements. 1992 Revision: Citation form changes in committee notes. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla....

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report.

In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...Guardians of minors. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla....

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...Guardian advocates. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla....

Martinez v. Cramer, 121 So. 3d 580 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 4006526, 2013 Fla. App. LEXIS 12357

...(2012) The trial court must appoint the office of criminal conflict and civil regional counsel or private registry counsel, although the alleged incapacitated person can substitute his or her own counsel. § 744.331(2)(a), Fla. Stat. (2012). Appointed counsel serves until re *583 view of the initial guardianship report. § 744.362(2), Fla....