Florida Statute 744.1012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 744.1012

Total Results: 20

PATRICIA ASH v. IN RE: GUARDIANSHIP OF AARON ASH

Court: District Court of Appeal of Florida | Date Filed: 2021-12-15

Snippet: abilities to the maximum extent possible…” § 744.1012(3), Fla. Stat. (2019). In addition, chapter 744

THOMAS J. FOSTER, SR. v. CHRISTA RADULOVICH, THE EMERGENCY TEMPORARY GUARDIAN

Court: District Court of Appeal of Florida | Date Filed: 2021-09-29

Snippet: for by a guardian or appointed by the court); § 744.1012(3) ("[I]t is the purpose of this act to promote

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

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744.104

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

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: suspension of power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744.104, Fla

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Supreme Court of Florida | Date Filed: 2020-09-03

Snippet: power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744.104

LAWRENCE T. REID, JR. v. GUARDIANSHIP OF MARGARET REID

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Snippet: abilities to the maximum extent possible.” § 744.1012, Fla. Stat. (2012). Chapter 744 is to be

Schlesinger v. Jacob

Court: District Court of Appeal of Florida | Date Filed: 2018-02-21

Citation: 240 So. 3d 75

Snippet: person to act in her or his own behalf. § 744.1012(3), Fla. Stat. Consider this case. Even

Sarfaty v. in Re: M.S.

Court: District Court of Appeal of Florida | Date Filed: 2017-11-01

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

Hernandez Sr. v. Hernandez

Court: District Court of Appeal of Florida | Date Filed: 2017-09-06

Citation: 230 So. 3d 119

Snippet: is the protection of the ward.” Id. (citing § 744.1012, Fla. Stat. (2006)). “Thus, unlike most other

Glenda Martinez Smith v. J. Alan Smith

Court: Supreme Court of Florida | Date Filed: 2017-08-31

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

Snippet: The legislative intent, as declared in section 744,1012, Florida Statutes (2016), further illustrates

Sarfaty v. in Re: M.S.

Court: District Court of Appeal of Florida | Date Filed: 2017-05-10

Snippet: Legislature has made its intent clear. In section 744.1012, the Legislature stated its intent as follows:

Katherine Howard v. Michael R. Howard, Suzanne M. Howard, and William P. Howard

Court: District Court of Appeal of Florida | Date Filed: 2016-05-25

Citation: 193 So. 3d 987, 2016 Fla. App. LEXIS 7978

Snippet: of a person to act in her or his own behalf.” § 744.1012, Fla. Stat. However, achieving this balance requires

Glenda Martinez Smith v. J. Alan Smith

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

Citation: 199 So. 3d 911, 2016 Fla. App. LEXIS 3130

Snippet: liberally construed to accomplish this purpose. § 744.1012, Fla. Stat. (2013) (emphasis added). This has

Karim H. Saadeh v. Michael Connors, Colette Meyer Deborah Barfield and Jacob Noble

Court: District Court of Appeal of Florida | Date Filed: 2015-06-24

Citation: 166 So. 3d 959, 2015 Fla. App. LEXIS 9575

Snippet: protecting the rights of incapacitated persons. § 744.1012, Fla. Stat. (2010). 2 Mr. Saadeh was

Romano v. Olshen

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 153 So. 3d 912, 2014 WL 940700

Snippet: [his] abilities to the maximum extent possible.” § 744.1012, Fla. Stat. (2012). Chapter 744 is to be “liberally

Jasser v. Saadeh

Court: District Court of Appeal of Florida | Date Filed: 2012-07-18

Citation: 97 So. 3d 241, 2012 Fla. App. LEXIS 11670, 2012 WL 2912950

Snippet: respected to the greatest extent possible. See § 744.1012, Fla. Stat. (2008). To permit dismissal of proceedings

Hayes v. Guardianship of Thompson

Court: Supreme Court of Florida | Date Filed: 2006-11-09

Citation: 952 So. 2d 498, 2006 WL 3228916

Snippet: public policy is the protection of the ward. See § 744.1012, Fla. Stat. (2006) (declaring that the purpose

McJunkin v. McJunkin

Court: District Court of Appeal of Florida | Date Filed: 2005-03-30

Citation: 896 So. 2d 962, 2005 Fla. App. LEXIS 4304, 2005 WL 711655

Snippet: rights at all, whether wisely or otherwise. See § 744.1012. , This case is similar to In re Maynes-Turner

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-07-02

Snippet: Sincerely, Charlie Crist Attorney General cc/tgh 1 See 744.1012, Fla. Stat., providing legislative intent. 2 See

Smith v. Lynch

Court: District Court of Appeal of Florida | Date Filed: 2002-07-24

Citation: 821 So. 2d 1197, 2002 WL 1625547

Snippet: construed to accomplish this purpose." *1199 § 744.1012, Fla. Stat. (2001). The obvious import behind