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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 744.446744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.—(1) It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship which exists between the guardian and the ward may not be used for the private gain of the guardian other than the remuneration for fees and expenses provided by law. The guardian may not incur any obligation on behalf of the guardianship which conflicts with the proper discharge of the guardian’s duties. (2) A guardian may not offer, pay, solicit, or receive a commission, benefit, bonus, rebate, or kickback, directly or indirectly, overtly or covertly, in cash or in kind, or engage in a split-fee arrangement in return for referring, soliciting, or engaging in a transaction for goods or services on behalf of an alleged incapacitated person or minor, or a ward, for past or future goods or services. (3) Unless prior approval is obtained by court order, or unless such relationship existed before appointment of the guardian and is disclosed to the court in the petition for appointment of guardian, a guardian may not:(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the ward, the judge presiding over the case, any member of the appointed examining committee, any court employee involved in the guardianship process, or the attorney for the ward; (b) Acquire an ownership, possessory, security, or other pecuniary interest adverse to the ward; (c) Be designated as a beneficiary on any life insurance policy, pension, or benefit plan of the ward unless such designation was validly made by the ward before adjudication of incapacity of the ward; and (d) Directly or indirectly purchase, rent, lease, or sell any property or services from or to any business entity of which the guardian or the guardian’s spouse or any of the guardian’s lineal descendants, or collateral kindred, is an officer, partner, director, shareholder, or proprietor, or has any financial interest. (4) Any activity prohibited by this section is voidable during the term of the guardianship or by the personal representative of the ward’s estate, and the guardian is subject to removal and to imposition of personal liability through a proceeding for surcharge, in addition to any other remedies otherwise available. (5) In the event of a breach by the guardian of the guardian’s fiduciary duty, the court shall take those necessary actions to protect the ward and the ward’s assets. History.—s. 75, ch. 89-96; s. 54, ch. 90-271; s. 1102, ch. 97-102; s. 6, ch. 2002-195; s. 7, ch. 2020-35.
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Annotations, Discussions, Cases:
Cases Citing Statute 744.446
Total Results: 24
997 So. 2d 349, 2008 WL 5170603
Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1720571
Cited 29 times | Published
creative services or professional sport contract); § 744.446 (parental conflict of interests with minor child)
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
hearing date on the petition. Pursuant to section 744.446, any transaction potentially involving a conflict
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
Stat. Powers of guardian upon court approval.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited
920 So. 2d 75
District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609
Cited 3 times | Published
conflict of interest with the minor as defined by section 744.446, Florida Statutes (2004).
*79 If an action
771 So. 2d 569, 2000 WL 1505082
District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1339546
Cited 3 times | Published
occur." They also rely on the more specific section 744.446(2), which provides:
Unless prior approval is
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
from the court.” (Emphasis added.) Similarly, section 744.446(2), Florida Statutes (2016), requires “prior
864 So. 2d 534, 2004 WL 42619
District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1426074
Cited 2 times | Published
interest and must be independent and impartial. Section 744.446, F.S. (2003).
Decisions will have to be made
613 So. 2d 1345, 1993 WL 33787
District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 454289
Cited 2 times | Published
in the ward's best interests at this time. See § 744.446, Fla. Stat. (1991).
I. THE GUARDIANSHIP AND THE
613 So. 2d 1345, 1993 WL 33787
District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 454289
Cited 2 times | Published
in the ward's best interests at this time. See § 744.446, Fla. Stat. (1991).
I. THE GUARDIANSHIP AND THE
630 So. 2d 1187
District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 418895
Cited 1 times | Published
husband for physical therapy was improper under section 744.446(2)(d), Florida Statutes (1991),[1] which constitutes
Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371
Published
accounting procedures in
certain cases.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited
Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022
Published
including listing any activities designated in section
744.446(3), Florida Statutes;
(7) the
Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564
Published
including listing any activities designated in section
744.446(3), Florida Statutes;
(7)
Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640
Published
Actions by and against guardian or ward.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited
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
violation of her fiduciary duty as guardian. See § 744.446, Fla. Stat. (2009).2 Count I *1208of the petition
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
Stat. Actions by and against guardian or ward.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited
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
Stat. Actions by and against guardian or ward.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited
864 So. 2d 534, 2004 Fla. App. LEXIS 161
District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827650
Published
interest and must be independent and impartial. Section 744.446, F.S. (2003).
Decisions will have to be made
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
Stat. Actions by and against guardian or ward.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited
630 So. 2d 1187, 1994 Fla. App. LEXIS 81
District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 64746016
Published
husband for physical therapy was improper under section 744.446(2)(d), Florida Statutes (1991),1 which constitutes
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
Stat. Actions by and against guardian or ward.
§ 744.446, Fla.Stat. Conflicts of interest; prohibited activities;
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
which a conflict of interest may occur); and § 744.446(1) ("[i]t is essential to the proper conduct and
599 So. 2d 1306, 1992 Fla. App. LEXIS 2685, 1992 WL 48900
District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 64667869
Published
obligations for the parties advancing the funds. See § 744.446, Fla.Stat. (1991).
After failing in her attempts
551 So. 2d 452, 1989 WL 139493
Supreme Court of Florida | Filed: Sep 29, 1989 | Docket: 64645896
Published
perform any other acts under F.S. 744.441 or F.S. 744.446 shall be given to the ward, to the next of kin
