CopyCited 27 times | Published | Supreme Court of Florida | 2006 WL 3228916
...utcome of the litigation."). Thus, standing to bring or participate in a particular legal proceeding often depends on the nature of the interest asserted. In guardianship proceedings, the overwhelming public policy is the protection of the ward. See § 744.1012, Fla....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1993 WL 349921
...For the first time, it imposes the requirement that the court shall appoint an attorney and expressly limits that attorney to the representation of the alleged incapacitated individual in that cause of action. We also note the stated legislative intent in section 744.1012: Legislative intent....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 11670, 2012 WL 2912950
...See In re Frederick,
508 So.2d 44, 45 (Fla. 4th DCA 1987). There is good reason for such a rule. If a person is incompetent, it is the duty of the court to assure that person’s protection and his or her autonomy is respected to the greatest extent possible. See §
744.1012, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700
...Part of the expressed legislative intent of Chapter 744 is to assist a ward “in meeting the essential requirements for [his] physical health and safety, in protecting [his] rights, in managing [his] financial resources, and in developing or regaining [his] abilities to the maximum extent possible.” § 744.1012, Fla....
...*921 qualified persons from serving as guardians, a result contrary to the public purpose of protecting wards. Chapter 744 should be construed liberally to ensure a compensation framework that encourages competent, qualified guardians to serve. See § 744.1012, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...lities 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.
§ 744.1012(3), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702
...victim of abuse or financial exploitation.” Id. The legislative intent, as declared in section 744,1012, Florida Statutes (2016), further illustrates the goal of protecting incapacitated persons from exploitation while upholding their ■ rights. Section 744.1012 provides: (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....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1997 WL 537376
...In 1989, the legislature amended the Guardianship Law and quite laudably declared that "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...." § 744.1012, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1625547
...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." *1199 § 744.1012, Fla....
CopyPublished | Florida 3rd District Court of Appeal
policy is the protection of the ward.” Id. (citing §
744.1012, Fla. Stat. (2006)). “Thus, unlike most other
CopyPublished | Supreme Court of Florida
...of the alleged incapacitated person. Committee notes revised.
Statutory References
§
709.2104, Fla. Stat. Durable power of attorney.
§
709.2109, Fla. Stat. Termination or suspension of power of attorney or
agent’s authority.
§
744.1012, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...y is established); In re
5
Guardianship of Bockmuller,
602 So. 2d 608, 609 (Fla. 2d DCA
1992) (holding that counsel for an incapacitated person must be
contracted for by a guardian or appointed by the court);
§
744.1012(3) ("[I]t 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
....
CopyPublished | Florida 3rd District Court of Appeal
... LEGAL ANALYSIS
The only remaining issue is whether the probate court erred by
dismissing the petition to determine incapacity on the above stated and
proved grounds for dismissal. The Legislature has made its intent clear in
section 744.1012, which provides as follows:
The Legislature finds that 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....
CopyPublished | Florida 2nd District Court of Appeal
Legislature has made its intent clear. In section
744.1012, the Legislature stated its intent as follows:
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 4304, 2005 WL 711655
...89-96, §§ 1-112, at 173-224, Laws of Fla. It is evident that under the current version of the statute, before depriving an individual of “all their civil and legal rights,” the individual must be incapable of exercising his rights at all, whether wisely or otherwise. See § 744.1012....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9575, 2015 WL 3875682
...Id.
Here, as in Rushing, the proceedings were rooted in a Florida statute
that involves the protection of incapacitated persons. Chapter 744, Florida
Statutes, governs guardianship proceedings. The purpose of the act is “to
protect the public welfare” by protecting the rights of incapacitated
persons. § 744.1012, Fla....
...ies 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.
§ 744.1012, Fla....
...The Section reminds us that the lack of
privity does not foreclose the possibility of a duty of care to a third party
intended to benefit from a lawyer’s services. The Section points out that
the reasoning in the Attorney General opinion is supported by section
744.1012, Florida Statutes (2009), in which the Legislature states its
willful intent to protect incapacitated persons.
Based on the foregoing analysis, we find that Saadeh and everything
associated with his well-being is the very essence i.e....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
guardians of the property of nonresident wards. 3 Section
744.1012, Fla. Stat. 4 See s.
744.1012, Fla. Stat.
CopyPublished | Florida 4th District Court of Appeal
...in meeting
the essential requirements for [his] physical health and safety,
in protecting [his] rights, in managing [his] financial
resources, and in developing or regaining [his] abilities to the
maximum extent possible.” § 744.1012, Fla....
CopyPublished | Supreme Court of Florida
suspension of power of attorney or agent’s authority. §
744.1012, Fla. Stat. Legislative intent. §
744.104, Fla
CopyPublished | Supreme Court of Florida
power of attorney or agent’s authority. §
744.1012, Fla. Stat. Legislative intent. § 744
CopyPublished | Florida 3rd District Court of Appeal
...The legislative intent of the guardianship statute is, in pertinent part,
“…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…” §
744.1012(3), Fla....
...2d 442, 446 (Fla. 5th
DCA 2002). “Thus, a court of equity [and a guardianship court] is authorized
13
to expansively construe Chapter 744 to protect the interests of the ward.”
Romano,
153 So. 3d at 918; §
744.1012(3), Fla....
