CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 9379, 1994 WL 531274
...enter in Tuscaloosa. On July 30, 1991, Jones filed an Annual Guardianship Plan for July 1, 1991 through June 30, 1992, and an Annual Report of Guardian of Property for the time period of *1013 July 1, 1990 through June 30, 1991, pursuant to sections 744.3675 and 744.3678, Florida Statutes....
...The record on appeal does not show that any notice of these reports having been filed was sent to anyone, nor that copies of them were sent to anyone. The record also fails to disclose that any audit fee was paid to the clerk of the circuit court, pursuant to section 744.3678(4)....
...ot properly approved by the court pursuant to the applicable statutes and rules, and no prior court order was entered approving or authorizing the payment of the fees for Jones' attorney encompassed in the petition filed on May 29, 1992. Pursuant to section 744.3678, an annual guardianship report must be audited by the clerk within ninety days after it is filed....
...r proposed to be taken by a guardian. [10] III. CONFLICT OF INTEREST. Jones argues on appeal that Linda and Sun Bank, in their various objections filed to the "home plan," failed to sufficiently specify the basis for them, as is required by sections
744.367(4) and
744.3715(1)....
...(1991); Fla.Prob.R. 5.630(b). [6] §
744.3715(1), Fla. Stat. (Supp. 1990). [7] See also In re Guardianship of White,
140 So.2d 311 (Fla. 1st DCA 1962). [8] See Midland National Bank & Trust v. Comerica Trust Co.,
616 So.2d 1081 (Fla. 4th DCA 1993). [9] §
744.367(4), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732
...§
733.5036, Fla. Stat. Accounting and discharge following resignation. §
733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. §
733.901, Fla. Stat. Final discharge. ch. 738, Fla. Stat. Principal and income. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3678, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...ted persons. Statutory References §
744.334, Fla. Stat. Petition for appointment of guardian; contents. §
744.362, Fla. Stat. Initial guardianship report. §
744.363, Fla. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla....
...Rights of persons determined incapacitated. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.362, Fla. Stat. Initial guardianship report. §
744.363, Fla. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla....
...The annual guardianship report shall be filed within 30 days after the last day of the anniversary month of the guardian's appointment. The annual guardianship report must include the annual guardianship plan and the annual financial return in compliance with F.S. 744.3675 and F.S. 744.3678, and shall be served on the ward and the ward's attorney, if any....
...Captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial changes and rule renumbered. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...Upon reasonable written request and notice, the guardian of the property shall make all material financial records pertaining to the guardianship available for inspections to those persons entitled to receive or inspect the annual accounting. *989 Committee Notes Rule History 1991 Revision: New rule. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla....
...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. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla....
...Cchapter 744, Florida Statutes, prior to before October 1, 1989, no readjudication hearing of incapacity shall be required. Any guardianship established on or after October 1, 1989, must be in compliance with the Florida Guardianship Law as amended in 1989. With the filing of the annual guardianship report pursuant to F.S. 744.367, the guardian of a ward adjudicated before October 1, 1989, must demonstrate compliance with the statutory revisions through addressing any modifications or limitations on the guardianship that might be required by current law....
...as unnecessary. Subdivision (b) has been transferred to FPR 5.650. Date reference no longer required in (c), and modified to make filing requirement of preexisting guardianships consistent with the current statutory provisions. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19364, 2014 WL 6674749
...erested person”
with standing. We agree with the guardian.
We have de novo review. See Bivins v. Rogers,
147 So. 3d 549, 550 (Fla.
4th DCA 2014).
Under Florida law, a guardian has a statutory duty to file an annual
guardianship report. See §
744.367, Fla. Stat. (2013). That report must
contain an annual accounting of the ward’s property and an annual
guardianship plan. See id. §
744.367(3)....
...annual report with the ward, to the extent possible. Within
30 days after the annual report has been filed, any interested
person, including the ward, may file written objections to any
element of the report, specifying the nature of the objection.
§ 744.367(4), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 20447, 2011 WL 6373038
...At a subsequent hearing, the trial court denied the objection as untimely, never addressing its merits. From this order, the co-trustee now appeals. The co-trustee argues that because she submitted a timely objection to the guardianship plan in accordance with section 744.367, Florida Statutes, the trial court erred in prematurely approving the plan without considering the objection....
...review the guardianship plan within 30 days and because the trial court approved the guardianship plan within that time, it did not err. This Court reviews questions of law de novo. Major League Baseball v. Morsani,
790 So.2d 1071, 1074 (Fla.2001). Section
744.367(4), Florida Statutes, provides that, “[wjithin 30 days after the annual report has been filed, any interested person, including the ward, may file written objections to any element of the report, specifying the nature of the objection.” §
744.367(4), Fla....
...State,
4 So.3d 614, 629 (Fla.2009) (quoting Fla. Dep’t of Envtl. Prot. v. ContractPoint Fla. Parks, LLC,
986 So.2d 1260, 1265-66 (Fla.2008)). Here, the co-trustee filed an objection to the guardianship plan precisely thirty days after it was filed. Under the plain meaning of sections
744.367(4) and
744.369(7), an objection filed within thirty days entitles the objector to a hearing. While section
744.369(1) does not expressly require the trial court to wait the full thirty days before entering a final order approving a guardianship plan, when section
744.369(1) is read in pari materia with sections
744.367(4) and
744.369(7), it is clear that an objection filed within thirty days is entitled to consideration. Otherwise, sections
744.367(4) and
744.369(7) would be rendered meaningless....
CopyPublished | Supreme Court of Florida | 2017 WL 3910512
...in order to correct some of the
statutory references.
1. See Fla. R. Jud. Admin. 2.140(e).
2. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The proposed amendments are in response to changes to sections
744.331
and
744.367, Florida Statutes (2016), that were made by sections 1 and 2 of
chapter 2017-16, Laws of Florida, which became effective July 1, 2017.3 After
considering the Committee’s proposals and the relevant legislation, we amend the
Florida Probat...
...2017-16, § 6, Laws of Fla.
-2-
Finally, we amend subdivision (a)(1) (Contents and Filing; Guardian of the
Person) of rule 5.695 to change the reporting deadlines for annual guardianship
reports consistent with the changes made to section 744.367(1), Florida Statutes
(2016), by section 2 of chapter 2017-16, Laws of Florida....
...[No Change]
-6-
Rule History
1975 Revision - 2015 Revision [No Change]
2017 Revision: Subdivision (a)(1) amended to conform to statutory changes
regarding reporting deadline in section 744.367(1), Florida Statutes....
CopyPublished | Supreme Court of Florida | 1989 WL 139493
...The annual guardianship report shall be filed within 30 days after the last day of the anniversary month of the guardian’s appointment. The annual guardianship report must include the annual guardianship plan and the annual financial return in compliance with F.S. 744.3675 and F.S. 744.3678, and shall be served on the ward and the ward’s attorney, if any....
...Chapter 744 prior to October 1, 1989, no re-adjudication hearing shall be required. Any guardianship established on or after October 1, 1989, must be in compliance with the Florida Guardianship Law as amended in 1989. With the filing of the annual guardianship report pursuant to F.S. 744.367, the guardian of a ward adjudicated before October 1, 1989, must demonstrate compliance with the statutory revisions through addressing any modifications *459 or limitations on the guardianship that might be required by current law....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...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. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.3679, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Contempts defined. RSt§
733.502, Fla.Stat. Resignation of personal representative.
733.901, Fla.Stat. Distribution; final discharge. ch. 738, Fla.Stat. Principal and income. F.S, 744,427-Annual returns. F.S. 744.431 -Order requiring return; contempt, §
744.367, Fla.Stat. Duty to file annual guardianship report. §
744.3678, Fla.Stat....
...§
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. Initial guardianship plan. §
744.365, Fla.Stat. Verified inventory. §
744.367, Fla.Stat. Duty to file annual guardianship report. §
744.3675, Fla.Stat. Annual guardianship plan. §
744.3678, Fla.Stat....
...Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial changes and rule renumbered. 1992 Revision: Addition of language in subdivisions (a)(1) and (a)(2) to implement 1992 amendments to sections 744.367(1) and (2), Florida Statutes. Committee notes revised. Citation form changes in committee notes. Statutory References § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat....
...to the guardianship available for inspections to those persons entitled to receive or inspect the annual accounting. Committee Notes Rule History 1991 Revision: New rule. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3678, Fla.Stat....
...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. Initial guardianship plan. §
744.365, Fla.Stat. Verified inventory. §
744.367, Fla.Stat. Duty to file annual guardianship report. §
744.3675, Fla.Stat. Annual guardianship plan. §
744.3678, Fla.Stat....
...Subdivision (b) has been transferred to FPRrule 5.650. Date reference no longer required in (c), and modified to make filing requirement of preexisting guardianships consistent with the current statutory provisions. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080
...ost, as next of kin, 6 to notice of the guardian’s petitions to perform any acts requiring court approval under sections
744.441 or .446, if he filed a request for notices and copies of pleadings, as provided in the Florida Probate Rules. Sections
744.367(3) and (4) provide that the guardian shall serve the guardianship annual report “to any other person as the court may direct” and “[w]ithin 30 days after the annual report has been filed, any interested person ......
...The Fifth District in Sun Bank & Trust Co. v. Jones,
645 So.2d 1008, 1017 (Fla. 5th DCA 1994), held that the ward’s next of kin had standing to file objections to guardianship annual reports “as well as other actions, taken or proposed to be taken by a guardian.” (citing §
744.367(4), Fla....
CopyPublished | Supreme Court of Florida
...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. Stat. Initial guardianship plan.
§
744.365, Fla. Stat. Verified inventory.
§
744.367, Fla. Stat. Duty to file annual guardianship report.
§
744.3675, Fla. Stat. Annual guardianship plan.
§
744.3678, Fla. Stat. Annual accounting.
- 19 -
§
744.3679, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 940659, 2014 Fla. App. LEXIS 3460
...As “next of kin,” the son is entitled to notice of the petition to determine incapacity and to appoint a guardian. See §§
744.102(14),
744.331(1),
744.3371(1), Fla. Stat. (2012). As next of kin, he is an “interested person” who is entitled to file objections to guardianship reports. See §
744.367(4), Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Stat. Accounting and discharge following resignation. §
733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. §
733.901, Fla. Stat. Distribution; fFinal discharge. ch. 738, Fla. Stat. Principal and income. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3678, Fla....
...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. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.3679, Fla....
...Rights of persons determined incapacitated. §
744.331, Fla. Stat. Procedures to -determine incapacity. §
744.362, Fla. Stat. Initial guardianship report. §
744.363, Fla. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. *1149 §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
annual guardianship report as required by section
744.367, Florida Statutes. The annual guardianship
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Accounting and discharge following resignation. §
733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. §
733.901, Fla. Stat. Final discharge. ch. 738, Fla. Stat. Principal and income. §
744.3085, Fla. Stat. Guardian advocates. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3678, Fla....
...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. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla....
...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. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla....
CopyPublished | Supreme Court of Florida
365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...umber of proposed guardian. 2003 Revision: Deletes requirement in subdivision (c) to report social security number of minor. Committee notes revised. *745 2006 Revision: Subdivision (e)(2) amended to conform to requirement in sections 744,362(1) and 744.3675, Florida Statutes, to file initial and annual guardianship plans....
...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. Stat. Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.3679, Fla....
...Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial changes and rule renumbered. 1992 Revision: Addition of language in subdivisions (a)(1) and (a)(2) to implement 1992 amendments to sections 744.367(1) and (2), Florida Statutes. Committee notes revised. Citation form changes in committee notes. 2006 Revision: Requirement in (b) to serve minors age 14 and above deleted to conform to amendment to section 744.367(3), Florida Statutes. Committee notes revised. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
CopyPublished | Supreme Court of Florida
...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. Stat. Initial guardianship plan.
§
744.365, Fla. Stat. Verified inventory.
§
744.367, Fla. Stat. Duty to file annual guardianship report.
§
744.3675, Fla. Stat. Annual guardianship plan.
§
744.3678, Fla. Stat. Annual accounting.
§
744.3679, Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021
...y-four hours before a hearing on
the petition, unless the twenty-four-hour notice period would result in harm to the
alleged incapacitated person).
We also amend rule 5.695 (Annual Guardianship Reports) to conform to
legislative changes to section 744.367, Florida Statutes, made by chapter 2015-83,
section 16, Laws of Florida, amending the timeframe in which the guardian of a
person is required to file an annual guardianship report with the court. The
Committee indicates in its report that it believes the amendments to section
744.367 are procedural in nature and may be confusing to some readers and filers.
However, in the alternative, it proposed language to amend rule 5.695, consistent
with the legislative change, to require the guardian of a person to file th...
...Committee Notes
[No Change]
Rule History
1975 – 2012 Revisions [No Change]
2015 Revision: Subdivision (a)(1) amended to conform to statutory changes
in section 744.367(1), Florida Statutes....