Florida Statute 744.391 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.391

744.391 Actions by and against guardian or ward.—If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward.

History.—s. 1, ch. 74-106; s. 64, ch. 89-96; s. 1097, ch. 97-102.

Note.—Created from former s. 744.61.

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Amendments to 744.391

Annotations, Discussions, Cases:

Cases Citing Statute 744.391

Total Results: 22

Florida Power & Light Co. v. MacIas by MacIas

507 So. 2d 1113, 12 Fla. L. Weekly 253

District Court of Appeal of Florida | Filed: Jan 13, 1987 | Docket: 1444977

Cited 21 times | Published

guardian ad litem for Ileana, as authorized by section 744.391, Florida Statutes (1983), in order to protect

Ramey v. Thomas

382 So. 2d 78

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 1254943

Cited 14 times | Published

knowledge he may have of such improper conduct. [3] § 744.391 Fla. Stat. (1979). [4] § 62.062(2)(a) Fla. Stat

In Re the Matter of Castro

344 So. 2d 270

District Court of Appeal of Florida | Filed: Mar 25, 1977 | Docket: 1517726

Cited 6 times | Published

guardian ad litem might then be appointed. Section 744.391, Florida Statutes (1975). The Order of appointment

In Re Guardianship of Shell

978 So. 2d 885, 2008 WL 1757211

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1508763

Cited 4 times | Published

hearing by the guardian. We also note that section 744.391, Florida Statutes (2005), requires the probate

Kas v. Ret

914 So. 2d 1056, 2005 WL 3179763

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 1781502

Cited 4 times | Published

guardian ad litem for the Ward in accordance with section 744.391 and rule 5.120. In her petition, the Guardian

TMRMC v. Petersen

920 So. 2d 75

District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609

Cited 3 times | Published

represent the child in that particular proceeding. § 744.391, Fla. Stat. (2004). Pursuant to section 914.17(1)

Bachinger v. Sunbank/South Florida, NA

675 So. 2d 186, 1996 WL 279201

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1694548

Cited 3 times | Published

interest between the guardian and the ward. See § 744.391, Fla.Stat. (1993); Fla.Prob.R. 5.120. It is the

Burden v. Dickman

547 So. 2d 170, 1989 WL 59551

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1474707

Cited 3 times | Published

the guardian is adverse to that of the ward, § 744.391, Fla. Stat. (1987), no less so when a natural

In Re Guardianship of Jansen

405 So. 2d 1074, 1981 Fla. App. LEXIS 21665

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1348437

Cited 3 times | Published

This was properly done in accordance with Section 744.391, Florida Statutes (1979), which provides in

Auerbach v. McKinney

549 So. 2d 1022, 1989 WL 65885

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 1374395

Cited 2 times | Published

3d DCA 1987), relying upon Florida Statute Section 744.391; In re: Estate of Verdier, 281 So.2d 543 (Fla

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. Actions by and against guardian or

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

§ 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. Actions by and against guardian or

Lutheran Services Florida, Inc. v. McCoskey

978 So. 2d 885, 2008 Fla. App. LEXIS 5738

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 64854581

Published

hearing by the guardian. We also note that section 744.391, Florida Statutes (2005), requires the probate

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

§ 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. Actions by and against guardian or

K.A.S. v. R.E.T.

914 So. 2d 1056, 2005 Fla. App. LEXIS 18762

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840958

Published

guardian ad litem for the Ward in accordance with section 744.391 and rule 5.120. In her petition, the Guardian

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

§ 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. Actions by and against guardian or

Morgan v. Guardianship of Turgeon

755 So. 2d 161, 2000 Fla. App. LEXIS 2282, 2000 WL 257149

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 64796583

Published

to that of her ward within the meaning of section 744.391, Florida Statutes (1999). The court was therefore

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

guardians. § 744.387, Fla.Stat. Settlement of claims. § 744.391, Fla.Stat. Actions by and against guardian or

Lopez v. Variety Children's Hospital

600 So. 2d 506, 1992 Fla. App. LEXIS 6246

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 64668000

Published

DCA), rev. denied, 557 So.2d 866 (Fla.1989); § 744.391, Fla. Stat. (1985). Affirmed.

Jannis v. Tanner

533 So. 2d 300, 1988 WL 114727

District Court of Appeal of Florida | Filed: Nov 1, 1988 | Docket: 1233085

Published

guardian ad litem as is mandatorily required by section 744.391, Florida Statutes (1987)[2]; Florida Power

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes some of the provisions of prior

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

implements F.S. 731.303(5), F.S. 733.308, and F.S. 744.391, and includes some of the provisions of prior