Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 744.444 - Full Text and Legal Analysis
Florida Statute 744.444 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 744.444 Case Law from Google Scholar Google Search for Amendments to 744.444

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
744.444 Power of guardian without court approval.Without obtaining court approval, 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:
(1) Retain assets owned by the ward.
(2) Receive assets from fiduciaries or other sources.
(3) Vote stocks or other securities in person or by general or limited proxy or not vote stocks or other securities.
(4) Insure the assets of the estate against damage, loss, and liability and insure himself or herself against liability as to third persons.
(5) Execute and deliver in his or her name as guardian any instrument necessary or proper to carry out and give effect to this section.
(6) Pay taxes and assessments on the ward’s property.
(7) Pay valid encumbrances against the ward’s property in accordance with their terms, but no prepayment may be made without prior court approval.
(8) Pay reasonable living expenses for the ward, taking into consideration the accustomed standard of living, age, health, and financial condition of the ward. This subsection does not authorize the guardian of a minor to expend funds for the ward’s living expenses if one or both of the ward’s parents are alive.
(9) Elect to dissent from a will under s. 732.2125(2), seek approval to make an election in accordance with s. 732.401, or assert any other right or choice available to a surviving spouse in the administration of a decedent’s estate.
(10) Deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, money market mutual funds, or other prudent investments. The guardian may redeem or sell such deposits or investments to pay the reasonable living expenses of the ward as provided herein.
(11) Pay incidental expenses in the administration of the estate.
(12) Sell or exercise stock subscription or conversion rights and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.
(13) When reasonably necessary, employ persons, including attorneys, auditors, investment advisers, care managers, or agents, even if they are associated with the guardian, to advise or assist the guardian in the performance of his or her duties.
(14) Execute and deliver in his or her name as guardian any instrument that is necessary or proper to carry out the orders of the court.
(15) Hold a security in the name of a nominee or in other form without disclosure of the interest of the ward, but the guardian is liable for any act of the nominee in connection with the security so held.
(16) Pay or reimburse costs incurred and reasonable fees or compensation to persons, including attorneys, employed by the guardian pursuant to subsection (13) from the assets of the guardianship estate, subject to obtaining court approval of the annual accounting.
(17) Provide confidential information about a ward which is related to an investigation arising under s. 744.368 to the clerk, part II of this chapter to an Office of Public and Professional Guardians investigator, or part I of chapter 400 to a local or state ombudsman council member conducting such an investigation. Any such clerk, Office of Public and Professional Guardians investigator, or ombudsman shall have a duty to maintain the confidentiality of such information.
History.s. 1, ch. 74-106; ss. 23, 26, ch. 75-222; s. 3, ch. 77-328; s. 282, ch. 79-400; s. 5, ch. 84-31; s. 74, ch. 89-96; s. 53, ch. 90-271; s. 1101, ch. 97-102; s. 8, ch. 2000-155; s. 12, ch. 2003-57; s. 18, ch. 2010-132; s. 4, ch. 2018-68.

F.S. 744.444 on Google Scholar

F.S. 744.444 on CourtListener

Amendments to 744.444


Annotations, Discussions, Cases:

Cases Citing Statute 744.444

Total Results: 13  |  Sort by: Relevance  |  Newest First

Copy

Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980).

Cited 15 times | Published | Florida 3rd District Court of Appeal

...Funds distributed to Dawn's guardianship estate were used to defray operational costs of businesses run on behalf of Mr. Pinto's estate. Absent court approval, payments could not properly be made with funds of the guardianship estate to operate the decedent's estate. § 744.444, Fla....
Copy

Drozinski v. Straub, 383 So. 2d 301 (Fla. 2d DCA 1980).

Cited 8 times | Published | Florida 2nd District Court of Appeal

...funds are presently held. Accord, In Re Wszolek Estate, 112 N.H. 310, 295 A.2d 444 (1972). Appellants offer an alternative argument. They contend that the guardian's withdrawal of the funds from the joint accounts was permitted by the provisions of Section 744.444, Florida Statutes (1975)....
...y power of appointment or other power that the ward might have lawfully exercised, consummated, or executed if sui juris or competent, as the best interests of the ward require. The legislature has eliminated most of the foregoing provision, so that Section 744.444(9) presently permits a guardian only to elect whether to dissent from a will or assert any other right or choice available to a surviving spouse in the administration of a decedent's estate. We decline to interpret Section 744.444(9) in its 1975 version as conferring on a guardian the right to withdraw all of the funds from a joint account held in the joint names of the ward and another....
Copy

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...FPR 5.690 Initial guardianship report. FPR 5.700 Objection to guardianship reports. RULE 5.630. PETITION AND NOTICE FOR APPROVAL OF ACTS (a) Petition Contents. When authorization or confirmation of any act of the guardian is required pursuant to F.S. 744.441 or F.S. 744.444, where a limited guardian has not been delegated a particular power listed therein by prior court order, application shall be made by verified petition of the guardian stating the facts showing: (1) whether the act conforms to the general...
Copy

Bryan v. Century Nat'l Bank, 498 So. 2d 868 (Fla. 1986).

Cited 4 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817

...his control, and he is otherwise bound as to that property under ordinary principles of guardianship. In dealing with that property, then, he must obtain court approval if required by section 744.441, and may act in its absence if so permitted under section 744.444....
Copy

Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984).

Cited 4 times | Published | Florida 3rd District Court of Appeal

...The guardian's argument on this point defies the entire statutory scheme. The guardian's general duties are defined in Section 744.377, and other statutes detail specifically what the guardian may do with *444 respect to the ward's property with court approval, Section 744.441, and without court approval, Section 744.444....
Copy

Auerbach v. McKinney, 549 So. 2d 1022 (Fla. 3d DCA 1989).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 65885

...ate. In this respect as well we can see no deviation from the law in the purchase of a valuable asset by a duly appointed guardian which would ipso facto permit recision of the agreement. No court order is required to sustain such a transaction. See § 744.444(10), Fla....
Copy

In Re Cocke, 371 B.R. 554 (Bankr. M.D. Fla. 2007).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 493, 2007 Bankr. LEXIS 2357

...beneficiary, the Debtors' minor granddaughter must also consent to revocation of the trust. (Ex. 5 at p. 9-10, 14). Trustee reasons that, although Debtors are the legal guardians of their granddaughter, pursuant to Florida Statutes §§ 744.441 and 744.444, they do not have the authority to make a decision on her behalf, regarding revocation of the *558 Trust, without first petitioning a court to grant them that right....
...(Ex. 5 at p. 9). [2] Mr. Cocke testified that his granddaughter is a minor and that he and his wife are her court-appointed legal guardians. (Tr. 16, 22). Debtors list their granddaughter as a dependent on Schedule I. (Ex. 3). [3] Florida Statutes, § 744.444 authorizes guardians to take certain actions on behalf of their ward(s) without obtaining prior court approval. Revoking an interest in a trust is not one of the 17 actions permitted without leave of court, pursuant to § 744.444....
Copy

In re Amendment to Florida Prob. Rule—Part III (Guardianship), 551 So. 2d 452 (Fla. 1989).

Published | Supreme Court of Florida | 1989 WL 139493

...The appraisal, if endorsed by the guardian, may be considered an inventory of that part of the estate so appraised. RULE 5.630 PETITION AND NOTICE FOR APPROVAL OF ACTS (a) Petition. When authorization or confirmation of any act of the guardian is required pursuant to F.S. 744.441 or F.S. 744.444, where a limited guardian has not been delegated a particular power listed therein by prior court order, application shall be made by verified petition of the guardian stating the facts showing: (1) whether the act conforms to the general...
Copy

Wells v. Wells, 523 So. 2d 170 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 765, 1988 Fla. App. LEXIS 1326, 1988 WL 27806

...of majority. In July 1986, the trial judge entered an order on the petition compelling distribution of all “guardianship funds” to appellee since the condition that he attain the age of majority had been met. Appellant did not appeal that order. Section 744.444(10), Florida Statutes, empowers a guardian to prudently invest a ward’s money without court approval....
Copy

Valentine v. Kelner, 452 So. 2d 965 (Fla. 3d DCA 1984).

Published | Florida 3rd District Court of Appeal | 1984 Fla. App. LEXIS 13596

...trial court should be guided by the standards of Beck v. Beck, 383 So.2d 268 (Fla.3d DCA 1980). Although we recognize what appears to be a conflict between section 744.-397(3), Florida Statutes (1981), which requires parental support of a minor and section 744.444(8), Florida Statutes (1981), which permits a guardian of the property to use the ward’s funds to pay reasonable living expenses on the ward’s behalf without obtaining court approval, we believe the issue has been resolved by Ash ....
Copy

Gale v. Harbor Fed. Sav. & Loan, 571 So. 2d 114 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9573, 1990 WL 205505

...b judice. Since the trial court did not order Harbor Federal to supervise disbursements pursuant to section 69.031, Florida Statutes (1989), the money could have been withdrawn even if it had been more appropriately placed in a guardianship account. Section 744.444, Florida Statutes (1989) contains no language which would restrict a guardian from making withdrawals without court approval. On the contrary, many of the fifteen subsections of section 744.444 permit a guardian to "pay” all ■ kinds of expenses without court intervention....
Copy

Cilley v. First Nat'l Bank of Mount Dora, 396 So. 2d 808 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19188

COWART, Judge. This is an appeal from an order denying appellant, an attorney, a fee for services rendered to the guardian of an incompetent. The record reveals the guardian of the incompetent employed appellant, as permitted by section 744.444(13), Florida Statutes (1979), that appellant petitioned for attorney’s fees (§ 744.424, Fla.Stat....
Copy

Guardianship of J.S.J. v. Pena, 109 So. 3d 1281 (Fla. 5th DCA 2013).

Published | Florida 5th District Court of Appeal | 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

...That section provides: If the ward is a minor and the ward’s parents are able to care for him or her and to support, maintain, and educate him or her, the guardian of the minor shall not so use his or her ward’s property unless directed or authorized to do so by the court. See also § 744.444(8), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.