Florida Statute 744.474 - 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. 744.474

744.474 Reasons for removal of guardian.—A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:

(1) Fraud in obtaining her or his appointment.

(2) Failure to discharge her or his duties.

(3) Abuse of her or his powers.

(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.

(5) Failure to comply with any order of the court.

(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward’s assets when so required.

(7) The wasting, embezzlement, or other mismanagement of the ward’s property.

(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.

(9) Conviction of a felony.

(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.

(11) Development of a conflict of interest between the ward and the guardian.

(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction.

(13) A material failure to comply with the guardianship report by the guardian.

(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.

(15) A failure to fulfill the guardianship education requirements.

(16) The improper management of the ward’s assets.

(17) A material change in the ward’s financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.

(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3).

(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that the current guardian is not a family member and subsection (20) applies.

(20) Upon a showing that removal of the current guardian is in the best interest of the ward. In determining whether a guardian who is related by blood or marriage to the ward is to be removed, there shall be a rebuttable presumption that the guardian is acting in the best interests of the ward.

(21) A bad faith failure to submit guardianship records during the audit pursuant to s. 744.368.

History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 84, ch. 89-96; s. 138, ch. 95-418; s. 13, ch. 96-354; s. 1788, ch. 97-102; s. 283, ch. 99-8; s. 2, ch. 99-277; s. 111, ch. 2000-349; s. 32, ch. 2004-267; s. 23, ch. 2006-178; s. 54, ch. 2010-114; s. 5, ch. 2014-124.

Note.—Created from former s. 746.03.

F.S. 744.474 on Google Scholar

F.S. 744.474 on CourtListener

Amendments to 744.474

Annotations, Discussions, Cases:

Cases Citing Statute 744.474

Total Results: 19

Lofton v. Secretary of the Department of Children & Family Services

358 F.3d 804, 2004 U.S. App. LEXIS 1383, 2004 WL 161275

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2004 | Docket: 65656055

Cited 36 times | Published

be removed for a wide variety of reasons, id. § 744.474 (permitting removal of a guardian for such causes

Lofton v. Secretary of the Department of Children & Family Services

377 F.3d 1275

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2004 | Docket: 397885

Cited 7 times | Published

be removed for a wide variety of reasons, id. § 744.474 (permitting removal of a guardian for such causes

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

requirements for terminating a guardianship. See Section 744.474, Florida Statutes (1975). In the event that

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

changes in all subdivisions. Statutory References § 744.474, Fla. Stat. Reasons for removal of guardian. §

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

Ahlman as voluntary guardian pursuant to Section 744.474, Florida Statutes (1983), alleging fraud, abuse

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

distribution. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. §

In Re Guardianship of Neher

659 So. 2d 1294, 1995 WL 517660

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1748039

Cited 1 times | Published

and to discharge her as guardian pursuant to section 744.474, Florida Statutes (1993). The trial judge found

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian.

In RE: AMENDMENTS TO the FLORIDA PROBATE RULES-2018 FAST-TRACK REPORT.

253 So. 3d 983

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943255

Published

744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian.

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

distribution. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. §

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

744.511, Florida Statutes. Statutory References § 744.474, Fla. Stat. Reasons for removal of 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

Stat. Partition for purpose of distribution. § 744.474, Fla. Stat. Reasons for removal of guardian. §

Amendments to Florida Probate Rules

807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 64812578

Published

Stat. Partition for purpose of distribution. § 744.474, Fla. Stat. Reasons for removal of guardian. §

Anderson v. Dawson

711 So. 2d 1318, 1998 Fla. App. LEXIS 6447, 1998 WL 288408

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 64781228

Published

for the voluntary resignation by a guardian. Section 744.474, Florida Statutes (1995), provides reasons

Wright v. State, Department of Health & Rehabilitative Services

668 So. 2d 661, 1996 Fla. App. LEXIS 1517, 1996 WL 71370

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762627

Published

as guardian of all her wards as provided by section 744.474(12), Florida Statutes (1993) on a finding of

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

changes in committee notes. Statutory References § 744.474, Fla.Stat. Reasons for removal of guardian. *1379§

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

733.814 Partition for purpose of distribution. F.S. 744.474 Reasons for removal of guardian. F.S. 744.477

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

733.814 Partition for purpose of distribution. F.S. 744.474 Reasons for removal of guardian. F.S. 744.477

Johnson v. Knight

424 So. 2d 166, 1983 Fla. App. LEXIS 18402

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 64594400

Published

grounds for removing the guardian under F.S. § 744.474(1). It is uncontroverted that the grandfather