The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.1012

744.1012 Legislative intent.—The Legislature finds that:

(1) Adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary.

(2) It is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed.

(3) By recognizing that every individual has unique needs and differing abilities, it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.

(4) Private guardianship may be inadequate when there is no willing and responsible family member or friend, other person, bank, or corporation available to serve as guardian for an incapacitated person, and such person does not have adequate income or wealth for the compensation of a private guardian.

(5) Through the establishment of the Office of Public and Professional Guardians, the Legislature intends to permit the establishment of offices of public guardians for the purpose of providing guardianship services for incapacitated persons when no private guardian is available.

(6) A public guardian will be provided only to those persons whose needs cannot be met through less restrictive means of intervention. A public guardian may also serve in the capacity of a limited guardian or guardian advocate under s. 393.12 when the public guardian is the guardian of last resort as described in subsection (4).

History.—s. 3, ch. 89-96; s. 1, ch. 90-271; s. 1067, ch. 97-102; s. 4, ch. 2016-40.

F.S. 744.1012 on Google Scholar

F.S. 744.1012 on Casetext

Amendments to 744.1012

Arrestable Offenses / Crimes under Fla. Stat. 744.1012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.1012.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. SCHLESINGER, v. JACOB,, 240 So. 3d 75 (Fla. App. Ct. 2018)

. . . . § 744.1012(3), Fla. Stat. Consider this case. . . .

SARFATY, v. In M. S., 232 So. 3d 1074 (Fla. Dist. Ct. App. 2017)

. . . The Legislature has made its intent clear in section 744.1012, which provides as follows: The Legislature . . .

M. HERNANDEZ, Sr. v. G. HERNANDEZ,, 230 So. 3d 119 (Fla. Dist. Ct. App. 2017)

. . . (citing § 744.1012, Fla. Stat. (2006)). . . .

SMITH, v. J. SMITH,, 224 So. 3d 740 (Fla. 2017)

. . . Section 744.1012 provides: (1) Adjudicating a person totally incapacitated and in need of a guardian . . .

HOWARD, v. R. HOWARD, M. P., 193 So. 3d 987 (Fla. Dist. Ct. App. 2016)

. . . .” § 744.1012, Fla. Stat. . . .

SMITH, v. J. SMITH,, 199 So. 3d 911 (Fla. Dist. Ct. App. 2016)

. . . . § 744.1012, Fla. Stat. (2013) (emphasis added). This has not happened in this case. . . .

H. SAADEH, v. CONNORS,, 166 So. 3d 959 (Fla. Dist. Ct. App. 2015)

. . . . § 744.1012, Fla. Stat. (2010). Mr. . . . The Section points out that the reasoning in the Attorney General opinion is supported by section 744.1012 . . . assistance that least interferes with the legal capacity of a person to act in her or his own behalf. § 744.1012 . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . .” § 744.1012, Fla. Stat. (2012). . . . See § 744.1012, Fla. Stat. (2012). . . .

JASSER, As Co- H. v. H. SAADEH,, 97 So. 3d 241 (Fla. Dist. Ct. App. 2012)

. . . See § 744.1012, Fla. Stat. (2008). . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . See § 744.1012, Fla. . . .

J. McJUNKIN, v. J. McJUNKIN L., 896 So. 2d 962 (Fla. Dist. Ct. App. 2005)

. . . See § 744.1012. , This case is similar to In re Maynes-Turner, 746 So.2d 564 (Fla. 3d DCA 1999). . . .

SMITH v. J. LYNCH F., 821 So. 2d 1197 (Fla. Dist. Ct. App. 2002)

. . . .” § 744.1012, Fla. Stat. (2001). . . .

In ESTATE OF SALLEY, C. v., 742 So. 2d 268 (Fla. Dist. Ct. App. 1997)

. . . permits incapacitated persons to participate as fully as possible in all decisions affecting them.... ” § 744.1012 . . .

In FEY, a k a R. FEY, v. CURTIS,, 624 So. 2d 770 (Fla. Dist. Ct. App. 1993)

. . . We also note the stated legislative intent in section 744.1012: Legislative intent. — The Legislature . . .