Florida Statute 744.3725 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

F.S. 744.3725

744.3725 Procedure for extraordinary authority.—Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:

(1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act;

(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations;

(3) Personally meet with the incapacitated person to obtain its own impression of the person’s capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court;

(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person’s capacity is not likely to change in the foreseeable future; and

(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person.

The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.

History.—s. 58, ch. 89-96; s. 43, ch. 90-271; s. 25, ch. 95-401; s. 1093, ch. 97-102; s. 3, ch. 2017-16.

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Amendments to 744.3725

Annotations, Discussions, Cases:

Cases Citing Statute 744.3725

Total Results: 15

Theresa Marie Schindler Schiavo v. Michael Schiavo

403 F.3d 1223, 2005 U.S. App. LEXIS 4702

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 2005 | Docket: 344466

Cited 365 times | Published

cognition [*14] and ... responsiveness.” Fla. Stat. § 744.3725, on which Plaintiffs rely, is applicable to an

Schiavo Ex Rel. Schindler v. Schiavo

357 F. Supp. 2d 1378, 2005 U.S. Dist. LEXIS 4265, 2005 WL 641710

District Court, M.D. Florida | Filed: Mar 22, 2005 | Docket: 2514117

Cited 6 times | Published

cognition and.. .responsiveness." Fla. Stat. § 744.3725, on which Plaintiffs rely, is applicable to an

Vaughan v. Guardianship of Vaughan

648 So. 2d 193, 19 Fla. L. Weekly Fed. D 2617

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 1342691

Cited 6 times | Published

compliance with the procedural requirements of section 744.3725, Florida Statutes. See Vaughan v. Vaughan

Sun Bank and Trust Co. v. Jones

645 So. 2d 1008, 1994 Fla. App. LEXIS 9379, 1994 WL 531274

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1222869

Cited 6 times | Published

authorize the action sought by the guardian. Cf. § 744.3725, Fla. Stat. (Supp. 1990). [3] § 744.369(1) and

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

1991 Revision: New rule. Statutory Reference § 744.3725, Fla. Stat. Procedure for extraordinary authority

In Re Guardianship of JDS

864 So. 2d 534, 2004 WL 42619

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1426074

Cited 2 times | Published

sterilization or abortion procedure on the ward. *547 Section 744.3725, Florida Statutes, states in pertinent part:

Lefebvre v. North Broward Hosp. Dist.

566 So. 2d 568, 1990 WL 120665

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547478

Cited 1 times | Published

authority from the court, as described in section 744.3725, even a guardian appointed pursuant to the

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088044

Published

specific authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may

In Re: Amendments to the Florida Probate Rules - Guardianship

Supreme Court of Florida | Filed: Sep 3, 2020 | Docket: 18407701

Published

specific authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may

Glenda Martinez Smith v. J. Alan Smith

199 So. 3d 911, 2016 Fla. App. LEXIS 3130, 2016 WL 803625

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040737

Published

authority. Before the court may grant authority, section 744.3725(1), Florida Statutes (2013), requires the

Auxier v. Jerome Golden Center for Behavioral Health

85 So. 3d 1164, 2012 Fla. App. LEXIS 5572, 2012 WL 1192102

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 444838

Published

hearing on the petition for authority to act." § 744.3725(1), Fla. Stat. (2011). As this court has recognized

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Rights of persons determined incapacitated. § 744.3725, Fla. Stat. Procedure for extraordinary authority

Wixtrom v. Department of Children & Families

864 So. 2d 534, 2004 Fla. App. LEXIS 161

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827650

Published

. § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla. Stat. (2003). . § 744.107, Fla. Stat

Vaughan v. Vaughan

630 So. 2d 1150, 1993 Fla. App. LEXIS 11978, 1993 WL 495973

District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 64746004

Published

for dissolution and will have to be refiled. Section 744.3725, Florida Statutes, on which petitioner relies

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

Rights of persons determined incapacitated. § 744.3725, Fla.Stat. Procedure for extraordinary authority