CopyCited 365 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 4702
...matter of federal constitutional or statutory right that a state
course of the litigation.
trial judge is required to "personally assess" a ward's "level
of cognition [*14] and ...responsiveness." Fla. Stat. §
744.3725, on which Plaintiffs rely, is applicable to an
n5 The record also reveals that attorney John
action seeking to commit the ward to a facility and other
H....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 9379, 1994 WL 531274
...2d DCA 1977). Where the issue is conflict of interest and what may or may not be in the ward's best interest, the guardian should have to produce clear and convincing evidence to persuade the court to authorize the action sought by the guardian. Cf. § 744.3725, Fla....
CopyCited 6 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 4265, 2005 WL 641710
...(Dkt.1, ¶ 55). Initially, the Court finds no authority recognizing as a matter of federal constitutional or statutory right that a state trial judge is required to "personally assess" a ward's "level of cognition and.. .responsiveness." Fla. Stat. § 744.3725, on which Plaintiffs rely, is applicable to an action seeking to commit the ward to a facility and other circumstances not relevant to this case....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 19 Fla. L. Weekly Fed. D 2617
...initiate a dissolution action on behalf of the ward. This case was previously before this court after entry of a judgment of dissolution. We reversed that judgment and remanded to the lower tribunal for compliance with the procedural requirements of section 744.3725, Florida Statutes....
...A guardian's right to initiate dissolution proceedings on behalf of his ward is supported by section
744.3215(4)(c) of the guardianship statutes:
744.3215 Rights of persons determined incapacitated. ..... (4) Without first obtaining specific authority from the court, as described in s.
744.3725, a guardian may not: ........
...This section was enacted in 1989, at which time the legislature clearly envisioned circumstances which would justify authorizing a guardian to undertake the admittedly very personal act of seeking a dissolution on behalf of an incapacitated ward. Although section 744.3725 provides that the above-quoted provision is procedural only and not intended to "establish any new or independent right to or authority over ......
...issolution would not be in the ward's best interest. Such a hearing is mandated by Rule 5.635 of the Florida Probate Rules and due process considerations. When we directed in Vaughan that an authorization order be refiled to meet the requirements of section 744.3725, Florida Statutes, it should have been clear to the guardianship court that effectuation of that statute requires compliance with the aforesaid procedural rule which implements it....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...ings, and such other persons as the court may direct. (c) Hearing. The hearing shall be at a time and place that will enable the ward to express the ward's views to the court. Committee Notes Rule History 1991 Revision: New rule. Statutory Reference § 744.3725, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2004 WL 42619
...Without the mechanism of a guardian for the unborn child, the court will have abrogated its responsibility to protect the potential life of the unborn child. Section
744.3215(4), Florida Statutes, states in pertinent part: Without first obtaining specific authority from the court, as described in s.
744.3725, a guardian may not: * * * (e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward. *547 Section
744.3725, Florida Statutes, states in pertinent part: Before the court may grant authority to a guardian to exercise any of the rights specified in s....
...Baby S weighed 6 pounds, 7 ounces and her length was 21½ inches. [6] §
744.102(8), Fla. Stat. (2003). [7] §
744.102(19), Fla. Stat. (2003). [8] §
768.19, Fla. Stat. (1993). [9] §
827.04(1), Fla. Stat. (1987). [10] §
744.3215(4)(e), Fla. Stat. (2003). [11] §
744.3725, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1990 WL 120665
...pter 744, not merely a "guardian advocate" appointed in connection with an involuntary proceeding. Furthermore, section
744.3215(4)(e), Florida Statutes (1989), provides that without first obtaining specific authority from the court, as described in section
744.3725, even a guardian appointed pursuant to the provisions of chapter 744 may not consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward. Section
744.3725 provides that before the court may grant authority to a guardian to exercise any of the rights specified in section
744.3215(4), the court must, *571 inter alia: "[p]ersonally meet with the incapacitated person to obtain its own impr...
...Here, clearly, the trial court applied a "best interests" tests rather than a subjective test. However, we conclude that the "substituted judgment" doctrine is not applicable to this case. Since there are Florida statutes (sections 390.001(4),
744.331,
744.3215(4)(e), and
744.3725) which apply to the specific situation involved in this case, there is no need for recourse to the "substituted judgment" doctrine....
...involve patients suffering from immediately life-threatening, terminal, or incurable medical conditions. We conclude that the above-cited four statutes, rather than the "substituted judgment" doctrine, are applicable to this case. Also, we note that section 744.3725(5), which sets forth the procedures for extraordinary authority to be granted to a guardian to consent to an abortion for a ward, provides that the court, prior to granting the guardian authority to consent to an abortion, must be "p...
...(1989)) wishes to file a petition to determine the incapacity of Ms. Lefebvre, such person may do so. If Ms. Lefebvre is subsequently adjudicated incompetent and a guardian is appointed, that guardian may then attempt to obtain specific authority from the court, as described in section 744.3725, to consent to a termination of Ms....
CopyPublished | Supreme Court of Florida
...lems of the respondent in whole or in part. Thus, it is
necessary that a guardian advocate be appointed to exercise some but not all of the rights of
respondent.
6. Without first obtaining specific authority from the court, as stated in section
744.3725, Florida Statutes, the guardian advocate may not exercise any authority over any health
care surrogate appointed by any valid advance directive executed by the disabled person,
pursuant to Chapter 765, Florida Statutes, except upon further order of this Court.
ORDERED AND ADJUDGED:
1....
...to make decisions about social environment and social aspects of
life; and
( ) 5. to make decisions regarding education.
Without first obtaining specific authority from the court, pursuant to sections
744.3215(4)
and
744.3725, Florida Statutes, the guardian advocate (co-guardian advocates) may not:
- 50 -
a....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...The hearing shall be at a time and place that will enable the ward to express the ward's views to the court. Committee Notes Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. Statutory References §
744.3215(4), Fla.Stat. Rights of persons determined incapacitated. §
744.3725, Fla.Stat....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
744.3215(4), Fla. Stat. Rights of persons determined incapacitated. §
744.3725, Fla....
CopyPublished | Supreme Court of Florida
specific authority from the court, as stated in section
744.3725, Florida Statutes, the guardian advocate may
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 5572, 2012 WL 1192102
...[a]ppoint 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." § 744.3725(1), Fla....
