Florida Statute 744.441 - 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. 744.441

744.441 Powers of guardian upon court approval.—After obtaining approval of the court pursuant to a petition for authorization to act, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may do all of the following:

(1) Perform, compromise, or refuse performance of a ward’s contracts that continue as obligations of the estate, as he or she may determine under the circumstances.

(2) Execute, exercise, or release any powers as trustee, personal representative, custodian for minors, conservator, or donee of any power of appointment or other power that the ward might have lawfully exercised, consummated, or executed if not incapacitated, if the best interest of the ward requires such execution, exercise, or release.

(3) Make ordinary or extraordinary repairs or alterations in buildings or other structures; demolish any improvements; or raze existing, or erect new, party walls or buildings.

(4) Subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving consideration; or dedicate easements to public use without consideration.

(5) Enter into a lease as lessor or lessee for any purpose, with or without option to purchase or renew, for a term within, or extending beyond, the period of guardianship.

(6) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(7) Abandon property when, in the opinion of the guardian, it is valueless or is so encumbered or in such condition that it is of no benefit to the estate.

(8) Pay calls, assessments, and other sums chargeable or accruing against, or on account of, securities.

(9) Borrow money, with or without security, to be repaid from the property or otherwise and advance money for the protection of the estate.

(10) Effect a fair and reasonable compromise with any debtor or obligor or extend, renew, or in any manner modify the terms of any obligation owing to the estate.

(11) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the guardian in the performance of his or her duties. Before authorizing a guardian to bring an action described in s. 736.0207, the court shall first find that the action appears to be in the ward’s best interests during the ward’s probable lifetime. There shall be a rebuttable presumption that an action challenging the ward’s revocation of all or part of a trust is not in the ward’s best interests if the revocation relates solely to a devise. This subsection does not preclude a challenge after the ward’s death. If the court denies a request that a guardian be authorized to bring an action described in s. 736.0207, the court must review the continued need for a guardian and the extent of the need for delegation of the ward’s rights.

(12) Sell, mortgage, or lease any real or personal property of the estate, including homestead property, or any interest therein for cash or credit, or for part cash and part credit, and with or without security for unpaid balances.

(13) Continue any unincorporated business or venture in which the ward was engaged.

(14) Purchase the entire fee simple title to real estate in this state in which the guardian has no interest, but the purchase may be made only for a home for the ward, to protect the home of the ward or the ward’s interest, or as a home for the ward’s dependent family. If the ward is a married person and the home of the ward or of the dependent family of the ward is owned by the ward and spouse as an estate by the entirety and the home is sold pursuant to the authority of subsection (12), the court may authorize the investment of any part or all of the proceeds from the sale toward the purchase of a fee simple title to real estate in this state for a home for the ward or the dependent family of the ward as an estate by the entirety owned by the ward and spouse. If the guardian is authorized to acquire title to real estate for the ward or dependent family of the ward as an estate by the entirety in accordance with the preceding provisions, the conveyance must be in the name of the ward and spouse and be effective to create an estate by the entirety in the ward and spouse.

(15) Exercise any option contained in any policy of insurance payable to, or inuring to the benefit of, the ward.

(16) Pay reasonable funeral, interment, and grave marker expenses for the ward from the ward’s estate.

(17) Make gifts of the ward’s property to members of the ward’s family in estate and income tax planning procedures.

(18) When the ward’s will evinces an objective to obtain a United States estate tax charitable deduction by use of a split interest trust (as that term is defined in s. 736.1201), but the maximum charitable deduction otherwise allowable will not be achieved in whole or in part, execute a codicil on the ward’s behalf amending said will to obtain the maximum charitable deduction allowable without diminishing the aggregate value of the benefits of any beneficiary under such will.

(19) Create or amend revocable trusts or create irrevocable trusts of property of the ward’s estate which may extend beyond the disability or life of the ward in connection with estate, gift, income, or other tax planning or in connection with estate planning. The court shall retain oversight of the assets transferred to a trust, unless otherwise ordered by the court.

(20) Renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer.

(21) Enter into contracts that are appropriate for, and in the best interest of, the ward.

(22) As to a minor ward, pay expenses of the ward’s support, health, maintenance, and education, if the ward’s parents, or either of them, are alive.

History.—s. 1, ch. 74-106; ss. 22, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 77-328; s. 281, ch. 79-400; s. 4, ch. 80-203; s. 3, ch. 86-120; s. 2, ch. 87-317; s. 73, ch. 89-96; s. 52, ch. 90-271; s. 1100, ch. 97-102; s. 11, ch. 97-240; s. 5, ch. 2006-77; s. 20, ch. 2006-178; s. 46, ch. 2006-217; s. 12, ch. 2011-183; s. 4, ch. 2017-16; s. 6, ch. 2020-35; s. 6, ch. 2023-287.

Note.—Created from former ss. 744.501, 745.03(2) and (3), 745.20, 745.23.

F.S. 744.441 on Google Scholar

F.S. 744.441 on CourtListener

Amendments to 744.441

Annotations, Discussions, Cases:

Cases Citing Statute 744.441

Total Results: 52

Hatcher v. Dept. of Health & Rehab. Serv.

545 So. 2d 400, 1989 WL 61532

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 1702832

Cited 15 times | Published

Guardian and Ward §§ 43, 51 (1981). Although Section 744.441(19), Florida Statutes (1987), may authorize

In Re Guardianship of Bohac

380 So. 2d 550

District Court of Appeal of Florida | Filed: Feb 29, 1980 | Docket: 1725739

Cited 8 times | Published

statute to deal with gifts for tax purposes. Section 744.441(17), Florida Statutes (1979), reads: 744.441

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

direct conflict of interest and forbidden by section 744.441 (Powers of Guardian upon Court Approval) 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

procedure. § 744.337, Fla. Stat. Notice of hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

approved. See § 744.531, Fla. Stat. (2012). Section 744.441(16), Florida Statutes (2012), allows a guardian

Rainey v. Guardianship of MacKey

773 So. 2d 118, 2000 WL 1853919

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 1291571

Cited 4 times | Published

followed. The necessary starting point is section 744.441, Florida Statutes (1999), which provides in

Bryan v. Century National Bank

498 So. 2d 868, 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1700058

Cited 4 times | Published

contemplated as an estate planning procedure. Section 744.441(17) provides expressly therefor." 468 So.2d

Webster & Moorefield v. City Nat. Bk.

453 So. 2d 441

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 1651437

Cited 4 times | Published

legally incapable of accepting the gift. See § 744.441(17) (involuntary guardian may make gifts of ward's

Webster & Moorefield v. City Nat. Bk.

453 So. 2d 441

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 1651437

Cited 4 times | Published

legally incapable of accepting the gift. See § 744.441(17) (involuntary guardian may make gifts of ward's

COMMUNITY FED. SAV. & LOAN v. Wright

452 So. 2d 638

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 474538

Cited 4 times | Published

having jurisdiction of the action. Again in Section 744.441 the guardian may act only after obtaining approval

Juan Mendez, Jr., etc. v. Hampton Court Nursing Center, LLC.

203 So. 3d 146, 41 Fla. L. Weekly Supp. 394, 2016 Fla. LEXIS 2074

Supreme Court of Florida | Filed: Sep 22, 2016 | Docket: 4424430

Cited 3 times | Published

behalf for his residency at Hampton Court. See § 744.441(21), Fla. Stat. Hampton Court elected not to seek

Glenda Martinez Smith v. J. Alan Smith

224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146154

Cited 2 times | Published

guardian can engage in certain activities, and section 744.441, Florida *748Statutes (2016), delineates the

In Re Cocke

371 B.R. 554, 20 Fla. L. Weekly Fed. B 493, 2007 Bankr. LEXIS 2357

United States Bankruptcy Court, M.D. Florida | Filed: Jul 11, 2007 | Docket: 1061766

Cited 2 times | Published

Real Property, merely because Florida Statutes § 744.441 provides that Debtors would need to petition a

Goeke v. Goeke

613 So. 2d 1345, 1993 WL 33787

District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 454289

Cited 2 times | Published

members as beneficiaries for the IRA contract. See § 744.441(17), (19), (21), Fla. Stat. (1991). In light of

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval

In Re Amendments to the Florida Probate Rules

959 So. 2d 1170, 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1525727

Cited 1 times | Published

petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval

Suntrust Bank v. Nichols

701 So. 2d 107, 1997 WL 608558

District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 2244161

Cited 1 times | Published

owned by the guardian to the ward because section 744.441(4), Florida Statutes, bars direct sales of

CENTURY NAT. BANK OF BROWARD v. Bryan

468 So. 2d 243, 10 Fla. L. Weekly 295

District Court of Appeal of Florida | Filed: Jan 30, 1985 | Docket: 1725622

Cited 1 times | Published

estate planning procedure, as contemplated in § 744.441, Florida Statutes." The petition also stated that

Carlos Batista, etc. v. Ramiro A. Rodriguez, etc.

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553885

Published

This does not affect our review of this appeal. § 744.441(11), Fla. Stat. (“[A] plenary guardian of the

In Re: Amendments to Florida Probate Rules - 2023 Legislation

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

Published

Statutes. Also, in response to the repeal of section 744.441(2), Florida Statutes, by chapter 2023-287,

LADONNA HUDKINS vs MATTHEW L. HUDKINS, GUARDIAN OF THE PERSON AND THE PROPERTY OF THE WARD, KEITH L. HUDKINS

District Court of Appeal of Florida | Filed: Apr 28, 2023 | Docket: 68034638

Published

permission from the trial court, pursuant to section 744.441(1)(k), Florida Statutes, to initiate and prosecute

DEBORAH DUROSS GUIBORD v. GUARDIANSHIP OF KATHLEEN DUROSS FORD

District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318846

Published

§ 744.531, Fla. Stat. (2012). Section 744.441(16), Florida Statutes (2012), allows a guardian

DEBORAH DUROSS GUIBORD v. GUARDIANSHIP OF KATHLEEN DUROSS FORD

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127644

Published

§ 744.531, Fla. Stat. (2012). Section 744.441(16), Florida Statutes (2012), allows a guardian

MACY KATHERINE BETZOLD WHEELOCK, etc. v. IN RE: GUARDIANSHIP OF YVONNE BETZOLD

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677182

Published

approval to defend appeals as required by section 744.441. Second, she argues that the court’s order

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022

Published

or confirmation of an act required under section 744.441(2), Florida Statutes (2020). New subdivision

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564

Published

or confirmation of an act required under section 744.441(2), Florida Statutes (2020). New subdivision

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Published

appointment of guardian and hearing. § 744.441(11), Fla. Stat. Powers of guardian upon court

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Supreme Court of Florida | Filed: Sep 1, 2016 | Docket: 4418545

Published

petition for appointment of guardian and hearing. § 744.441(11), Fla. Stat. Powers of guardian upon court

Rene v. Sykes-Kennedy

156 So. 3d 518, 2015 Fla. App. LEXIS 16, 2015 WL 24081

District Court of Appeal of Florida | Filed: Jan 2, 2015 | Docket: 60245799

Published

provides elsewhere that, in accordance with section 744.441, a guardian of the property of the settlor

Guardianship of J.S.J. v. Pena

109 So. 3d 1281, 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

District Court of Appeal of Florida | Filed: Apr 5, 2013 | Docket: 60229496

Published

had to have received court approval to do so. § 744.441(11), Fla. Stat. Likewise, court approval would

Guardianship of J.S.J. v. Pena

109 So. 3d 1281, 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

District Court of Appeal of Florida | Filed: Apr 5, 2013 | Docket: 60229496

Published

had to have received court approval to do so. § 744.441(11), Fla. Stat. Likewise, court approval would

Swan v. Trost

100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225563

Published

review the Trust accounting reports under section 744.441 titled “Powers of guardian upon court approval”:

Hancock v. Share

67 So. 3d 1075, 2011 Fla. App. LEXIS 10651, 2011 WL 2650887

District Court of Appeal of Florida | Filed: Jul 8, 2011 | Docket: 60301926

Published

beyond the age of majority pursuant to Florida Statute 744.441(19)[ 1]; Guardianship of Bernstein v. Miller

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

petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval

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

petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval

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

petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval

Guardianship of Bernstein v. Miller

777 So. 2d 1125, 2001 Fla. App. LEXIS 813, 2001 WL 76988

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803623

Published

the creation of the trusts can be found in section 744.441(19), Florida Statutes, which authorizes a guardian

Amendments to the Florida Probate Rules

778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 64803740

Published

petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval

Reddick v. Suntrust Bank

718 So. 2d 950, 1998 Fla. App. LEXIS 13165, 1998 WL 727337

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 64783430

Published

petition to replace SunTrust was well motivated. Section 744.441 provides that with court approval, a plenary

Whitley v. Craig

710 So. 2d 1375, 1998 Fla. App. LEXIS 6523, 1998 WL 288218

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 64781005

Published

amending ward’s will, which was permitted under § 744.441 only in limited circumstances that did not apply)

In Re Guardianship of Sherry

668 So. 2d 659, 1996 WL 71363

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 1687033

Published

Appellee petitioned the court, pursuant to section 744.441, Florida Statutes, to create a new trust from

Sherry v. Klevansky

668 So. 2d 659, 1996 Fla. App. LEXIS 1511

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762626

Published

Appellee petitioned the court, pursuant to section 744.441, Florida Statutes, to create a new trust from

Thebaut v. Boyle

650 So. 2d 698, 1995 Fla. App. LEXIS 1735, 1995 WL 71131

District Court of Appeal of Florida | Filed: Feb 23, 1995 | Docket: 64754374

Published

concluding that the petition was not authorized by section 744.441, Florida Statutes (1993). We reverse and remand

Murphey v. Catholic Charities of the Diocese of Palm Beach, Inc.

630 So. 2d 591, 1993 Fla. App. LEXIS 10324, 1993 WL 406652

District Court of Appeal of Florida | Filed: Oct 13, 1993 | Docket: 64745839

Published

whether or not any exercise of power pursuant to section 744.441 was advisable and in the ward’s best interests

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

petition for appointment of guardian and hearing. § 744.441, Fla.Stat. Powers of guardian upon court approval

Glatthar v. Hoequist

600 So. 2d 1205, 1992 Fla. App. LEXIS 5821, 1992 WL 118343

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668539

Published

or not any exercise of powers pursuant to section 744.441 is advisable and in the ward’s best interest

Gray v. Worley

573 So. 2d 873, 1990 Fla. App. LEXIS 9111

District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 64656026

Published

Ruth Ives.1 We deny the petition. Pursuant to section 744.441(19), Florida Statutes (1989), the guardian

Tanner v. Jannis

564 So. 2d 180, 1990 Fla. App. LEXIS 4619, 1990 WL 88095

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 64651621

Published

conveyance. See Art. X, § 4(c), Fla. Const.; § 744.441, Fla.Stat. (1987). Accordingly, the trial court

In re Amendment to Florida Probate Rule—Part III (Guardianship)

551 So. 2d 452, 1989 WL 139493

Supreme Court of Florida | Filed: Sep 29, 1989 | Docket: 64645896

Published

any petition for court approval required by F.S. 744.441. RULE 5.620 INITIAL GUARDIANSHIP REPORT: VERIFIED

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

incompetent; procedure. F.S. 744.337 Notice of hearing. F.S. 744.441 Powers of guardian upon court approval. F.S

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

incompetent; procedure. F.S. 744.337 Notice of hearing. F.S. 744.441 Powers of guardian upon court approval. F.S

Community Federal Savings & Loan Ass'n of the Palm Beaches v. Wright

452 So. 2d 638, 1984 Fla. App. LEXIS 13617

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 64605774

Published

having jurisdiction of the action. Again in Section 744.441 the guardian may act only after obtaining approval