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Florida Statute 744.363 - Full Text and Legal Analysis
Florida Statute 744.363 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
744.363 Initial guardianship plan.
(1) The initial guardianship plan shall include all of the following:
(a) The provision of medical, mental, or personal care services for the welfare of the ward.
(b) The provision of social and personal services for the welfare of the ward.
(c) The place and kind of residential setting best suited for the needs of the ward.
(d) The application of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward.
(e) Any physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs.
(f)1. A list of any preexisting:
a. Orders not to resuscitate executed in accordance with s. 401.45(3) and the dates such orders were signed; or
b. Advance directives as defined in s. 765.101 and the dates such directives were signed.
2. For each item listed under subparagraph 1., the plan must state whether the order or directive has been revoked, modified, or suspended by the court.
(g) A description of the steps taken to identify and locate a preexisting order not to resuscitate or advance directive.
(2) The initial guardianship plan for an incapacitated person must be based on the recommendations of the examining committee’s examination, as incorporated into the order determining incapacity.
(3) Unless the ward has been found to be totally incapacitated or is a minor under the age of 14 years, the initial guardianship plan must contain an attestation that the guardian has consulted with the ward and, to the extent reasonable, has honored the ward’s wishes consistent with the rights retained by the ward under the plan. To the maximum extent reasonable, the plan must be in accordance with the wishes of the ward.
(4) The guardianship plan may not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or others from serious physical injury, illness, or disease and to provide the ward with medical care and mental health treatment for the ward’s physical and mental health.
(5) An initial guardianship plan continues in effect until it is amended or replaced by the approval of an annual guardianship plan, until the restoration of capacity or death of the ward, or until the ward, if a minor, reaches the age of 18 years. If there are significant changes in the capacity of the ward to meet the essential requirements for his or her health or safety, the guardian may file a petition to modify the guardianship plan and shall serve notice on all persons who received notice of the plan. At the hearing on such petition, the court may modify the guardianship plan and specify the effective date of such amendment.
(6) In exercising his or her powers, the guardian shall recognize any rights retained by the ward.
History.s. 47, ch. 89-96; s. 31, ch. 90-271; s. 1086, ch. 97-102; s. 3, ch. 2020-35; s. 3, ch. 2023-287.

F.S. 744.363 on Google Scholar

F.S. 744.363 on CourtListener

Amendments to 744.363


Annotations, Discussions, Cases:

Cases Citing Statute 744.363

Total Results: 10  |  Sort by: Relevance  |  Newest First

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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

...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. Stat. Initial guardianship report. § 744.363, Fla....
...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. Stat. Initial guardianship report. § 744.363, Fla....
...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. Stat. Initial guardianship report. § 744.363, Fla....
...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. Stat. Initial guardianship report. § 744.363, Fla....
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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

...§ 744.334, 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. Stat. Initial guardianship report. § 744.363, Fla....
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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

...§ 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. Initial guardianship report. § 744.363, Fla.Stat....
...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. Initial guardianship report. § 744.363, Fla.Stat....
...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. Initial guardianship report. § 744.363, Fla.Stat....
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In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

...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. Stat. Initial guardianship report. § 744.363, Fla....
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Legal Aid Soc'y of Palm Beach Cnty., Inc., Pub. Guardianship Prog. v. The Guardianship of Jennifer Jaffe & Ferd & Gladys Alpert Jewish Fam. & Child.'s Serv. (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal

...one if its present wards for the ward in this case. This, too, is contrary to statutory authority. First, “swapping” wards suggests that these incapacitated individuals are fungible. They clearly are not. Every ward has a guardianship plan, see § 744.363, Fla....
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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

...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. Stat. Initial guardianship report. § 744.363, Fla....
...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. Stat. Initial guardianship report. § 744.363, Fla....
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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. Stat. Initial guardianship report. § 744.363, 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. Stat. Initial guardianship report. § 744.363, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan.
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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

...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. Stat. Initial guardianship report. § 744.363, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...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. Stat. Initial guardianship report. § 744.363, Fla....