Florida Statutes
Fla. Stat. § 744.1012 (2025)
Legislative intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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).
Notes of Decisions
Cited in 24
cases (6 in the last 5 years), 1993–2026 · leading case: Glenda Martinez Smith v. J. Alan Smith, 224 So. 3d 740 (Fla. 2017).
Glenda Martinez Smith v. J. Alan Smith, 224 So. 3d 740 (Fla. 2017). “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.”
Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “See § 744.1012, Fla. Stat. (2006) (declaring that the purpose of the Florida Guardianship Law is "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…”
Glenda Martinez Smith v. J. Alan Smith, 199 So. 3d 911 (Fla. 4th DCA 2016). “§ 744.1012, Fla. Stat. (2013) (emphasis added).”
Karim H. Saadeh v. Michael Connors, Colette Meyer Deborah Barfield & Jacob Noble, 166 So. 3d 959 (Fla. 4th DCA 2015). “§ 744.1012, Fla. Stat. (2010). 2 Mr. Saadeh was the appar *964 ent intended beneficiary of the guardian’s attorney’s services.”
Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “” § 744.1012, Fla. Stat. (2012). Chapter 744 is to be “liberally construed to accomplish this purpose.”
Jasser v. Saadeh, 97 So. 3d 241 (Fla. 4th DCA 2012). “See § 744.1012, Fla. Stat. (2008). To permit dismissal of proceedings where a party is in fact incompetent may endanger that person.”
Schlesinger v. Jacob, 240 So. 3d 75 (Fla. 3d DCA 2018). “§ 744.1012(3), Fla. Stat. Consider this case.”
Hernandez Sr. v. Hernandez, 230 So. 3d 119 (Fla. 3d DCA 2017). “(citing § 744.1012, Fla. Stat. (2006)). “Thus, unlike most other types of litigation, guardianship proceedings are not adversarial and are governed by a comprehensive statutory code and set of procedural rules dictating who should receive notice of a particular proceeding.”
In Re Fey, 624 So. 2d 770 (Fla. 4th DCA 1993). “We also note the stated legislative intent in section 744.1012: Legislative intent. The Legislature finds that the adjudication of a person which declares him to be totally incapacitated and in need of a guardian deprives such person of all his civil and legal rights and that…”
Smith v. Lynch, 821 So. 2d 1197 (Fla. 4th DCA 2002). “" *1199 § 744.1012, Fla. Stat. (2001). The obvious import behind all of these provisions is to require the appointment of a guardian only when no other lesser intrusion on the privacy of the ward will accomplish the purpose of protecting the ward's property.”
McJunkin v. McJunkin, 896 So. 2d 962 (Fla. 2d DCA 2005). “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.”
Gallagher v. Comprehensive Pers. Care Servs., Inc., 742 So. 2d 268 (Fla. 3d DCA 1997). “” § 744.1012, Fla. Stat. (1995). The act is to be liberally construed to accomplish its remedial purpose.”
— 744.1012(3) — 5 cases
Schlesinger v. Jacob, 240 So. 3d 75 (Fla. 3d DCA 2018). “§ 744.1012(3), Fla. Stat. Consider this case.”
Patricia Ash v. In Re: Guardianship of Aaron Ash (Fla. 3d DCA 2021).
Patricia Ash, Etc. v. Hyman Ash, Etc. (Fla. 3d DCA 2026).
Arys Rene Cabrera v. Lilian Guadalupe Cabrera Rubio, Etc. (Fla. 3d DCA 2026).
Thomas J. Foster, Sr. v. Christa Radulovich, the Emergency Temp. Guardian (Fla. 2d DCA 2021).
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