Florida Statute 744.102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.102

744.102 Definitions.—As used in this chapter, the term:

(1) “Attorney for the alleged incapacitated person” means an attorney who represents the alleged incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated person to the extent it is consistent with the rules regulating The Florida Bar.

(2) “Audit” means a systematic review of financial and all other documents to ensure compliance with s. 744.368, rules of court, and local procedures using generally accepted accounting principles. The term includes various practices that meet professional standards, such as verifications, reviews of substantiating papers and accounts, interviews, inspections, and investigations.

(3) “Clerk” means the clerk or deputy clerk of the court.

(4) “Corporate guardian” means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian.

(5) “Court” means the circuit court.

(6) “Court monitor” means a person appointed by the court under s. 744.107 to provide the court with information concerning a ward.

(7) “Estate” means the property of a ward subject to administration.

(8) “Foreign guardian” means a guardian appointed in another state or country.

(9) “Guardian” means a person who has been appointed by the court to act on behalf of a ward’s person or property, or both.

(a) “Limited guardian” means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a limited guardian.

(b) “Plenary guardian” means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property.

(10) “Guardian ad litem” means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding.

(11) “Guardian advocate” means a person appointed by a written order of the court to represent a person with developmental disabilities under s. 393.12. As used in this chapter, the term does not apply to a guardian advocate appointed for a person determined incompetent to consent to treatment under s. 394.4598.

(12) “Incapacitated person” means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.

(a) To “manage property” means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income.

(b) To “meet essential requirements for health or safety” means to take those actions necessary to provide the health care, food, shelter, clothing, personal hygiene, or other care without which serious and imminent physical injury or illness is more likely than not to occur.

(13) “Minor” means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise.

(14) “Next of kin” means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person.

(15) “Nonprofit corporate guardian” means a nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state.

(16) “Preneed guardian” means a person named in a written declaration to serve as guardian in the event of the incapacity of the declarant as provided in s. 744.3045.

(17) “Professional guardian” means any guardian who has at any time rendered services to three or more wards as their guardian. A person serving as a guardian for two or more relatives as defined in s. 744.309(2) is not considered a professional guardian. A public guardian shall be considered a professional guardian for purposes of regulation, education, and registration.

(18) “Property” means both real and personal property or any interest in it and anything that may be the subject of ownership.

(19) “Standby guardian” means a person empowered to assume the duties of guardianship upon the death or adjudication of incapacity of the last surviving natural or appointed guardian.

(20) “Surrogate guardian” means a guardian designated according to s. 744.442.

(21) “Totally incapacitated” means incapable of exercising any of the rights enumerated in s. 744.3215(2) and (3).

(22) “Ward” means a person for whom a guardian has been appointed.

History.—s. 1, ch. 74-106; s. 2, ch. 75-222; s. 231, ch. 77-104; s. 1, ch. 79-221; s. 3, ch. 80-171; s. 4, ch. 89-96; s. 2, ch. 90-271; s. 1, ch. 96-354; s. 1780, ch. 97-102; s. 6, ch. 2003-57; s. 9, ch. 2004-260; s. 1, ch. 2006-178; s. 1, ch. 2014-124.

Note.—Created from former s. 744.03.

F.S. 744.102 on Google Scholar

F.S. 744.102 on Casetext

Amendments to 744.102

Arrestable Offenses / Crimes under Fla. Stat. 744.102

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.102.

Annotations, Discussions, Cases:

Cases Citing Statute 744.102

Total Results: 20

Richard Ticktin v. Guardianship of Steven Howard Ticktin

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: estate.” § 744.108(8), Fla. Stat. Section 744.102, Florida Statutes (2021), provides separate definitions…behalf of a ward’s person or property, or both.” § 744.102(9), Fla. Stat. “Ward” is defined as “a person for… for whom a guardian has been appointed.” § 744.102(22), Fla. Stat. “‘Guardian advocate’ means a person…developmental disabilities under s. 393.12.” § 744.102(11), Fla. Stat. Section 393.12, in turn, states

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Court: Fla. | Date Filed: 2023-12-14T00:00:00-08:00

Snippet: the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.) The respondent has the

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Fla. | Date Filed: 2020-09-03T00:53:00-07:00

Snippet: Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions. § 744.104, Fla. …incapacitated and is now a ward as defined in section 744.102(22), Florida Statutes. The extent of the incapacity… the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.) The respondent has

BETH ANN ELISA ERLANDSSON v. THE GUARDIANSHIP OF BETH ANN ELISA ERLANDSSON

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-06T00:53:00-07:00

Snippet: the rules regulating The Florida Bar. § 744.102(1), Fla. Stat. (2019) (emphasis added). Representation… 5 by section 744.102(1), Florida Statutes, in accord with Florida Bar… 6 While the plain language of section 744.102(1) clearly requires that an attorney represent …guardianship should not be imposed. Section 744.102(1) requires that an appointed attorney “shall represent…of a conflict of interest, and violated section 744.102(1), Florida Statutes. We therefore reverse the

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: § 739.102, Fla. Stat. Definitions. § 744.102, Fla. Stat. Definitions.

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions.

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

Snippet: Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions.

D.H. v. Adept Community Services, Inc.

Court: Fla. | Date Filed: 2018-11-01T00:00:00-07:00

Citation: 271 So. 3d 870

Snippet: ward's person or property, or both." § 744.102(9), Fla. Stat. (2006).8 The statute also distinguishes… specifically designated by court order, id. § 744.102(9)(a), and a "Plenary guardian," who …delegable rights and powers of the ward." Id. § 744.102(9)(b). Guardians are appointed by court order, … represent a ward in that proceeding ." § 744.102(10), Fla. Stat. (2006) (emphasis added). These …effect today contains identical language. See § 744.102(9), Fla. Stat. (2018). This rule codifies the

In Re: Amendments to the Florida Evidence Code - 2017 Out-of-Cycle Report

Court: Fla. | Date Filed: 2018-01-24T23:53:00-08:00

Snippet: guardian or guardian ad litem as defined in s. 744.102, a conservator as defined in s. 710.102, or an

Kemp v. Berschback

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-18T00:00:00-08:00

Citation: 204 So. 3d 143, 2016 Fla. App. LEXIS 17250

Snippet: plenary or a limited guardian. See §§ 744.102(9)(a), (b), .3371, .344. A plenary guardian is … delineated in a court order. See § 744.102(9)(a), (b). *146 Simultaneously with…such a determination. We disagree. Section 744.102(9) defines the term “guardian” for purposes of …definition of the term “guardian.” Section 744.102(22) defines the term “ward” as “a person for whom…temporary guardian is a guardian as defined by section 744.102(9); saying that a ward is a person for whom a guardian

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Fla. | Date Filed: 2016-09-15T00:00:00-07:00

Citation: 200 So. 3d 761, 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Snippet: Capacity; appointment of guardian advocate. § 744.102(8), (9), Fla. Stat. Definitions. § 744.201744.1096

Gomez v. Fradin

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-14T00:00:00-07:00

Citation: 199 So. 3d 554, 2016 Fla. App. LEXIS 13809, 2016 WL 4916852

Snippet: pending to represent a ward in that proceeding. § 744.102(10), Fla. Stat. (2016). More importantly, nothing

Kemp v. Berschback

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-10T00:53:00-07:00

Snippet: appoint a plenary or a limited guardian. See §§ 744.102(9)(a), (b), .3371, .344. A plenary guardian is…specifically delineated in a court order. See § 744.102(9)(a), (b). Simultaneously with …determination. We disagree. Section 744.102(9) defines the term "guardian" for purposes…term "guardian." Section 744.102(22) defines the term "ward" as "… guardian is a guardian as defined by section 744.102(9); saying that a ward is a person for whom a

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-02T00:00:00-08:00

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

Snippet: for annulment of his marriage. Further, section 744.102(1), Florida Stat*918utes, defines the role of an… the rules' regulating The Florida Bar. § 744.102 Fla. Stat. (2013). As there is no evidence on the

Lutheran Services Florida, Inc. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-25T00:00:00-08:00

Citation: 199 So. 3d 286, 2015 Fla. App. LEXIS 17914, 2015 WL 7566262

Snippet: has been adjudicated incapacitated under section 744.102(12), as Mr. Perón has, cannot receive medically

Lois Zelman v. Martin Zelman, Robert Zelman, Lisa Held and Curtis Rogers

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-02T00:00:00-07:00

Citation: 175 So. 3d 871, 2015 Fla. App. LEXIS 13075

Snippet: So.3d 549, 550 (Fla. 4th DCA 2014) (citing §§ 744.102(14), 744.331(1), 744.3371(1), Fla. Stat. (2012)

Pamela Barrier, etc. v. JFK Medical Center Limited Partnership, etc., Palm Beach Emergency Medical Associates, P.L., etc., Jason Sevald, M.D., Armor Correctional Health Services, Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., and Pierre Dorsainvil, M.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-17T00:53:00-07:00

Snippet: that is how section 744.102(9)(b) defines “plenary guardian.” See § 744.102(9)(b), Fla. Stat. … to care for his or her person or property.” § 744.102(9)(b), Fla. Stat. (2010). However, in another case

Barrier v. JFK Medical Center Ltd. Partnership

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-17T00:00:00-07:00

Citation: 169 So. 3d 185, 2015 Fla. App. LEXIS 9264, 2015 WL 3759641

Snippet: as that is how section 744.102(9)(b) defines “plenary guardian.” See § 744.102(9)(b), Fla. Stat. (2010

Martinez v. Guardianship of Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-18T00:00:00-07:00

Citation: 159 So. 3d 394, 2015 Fla. App. LEXIS 3966, 2015 WL 1238445

Snippet: was entitled to the appointment under sections 744.102(16), 744.312(4), and 744.3045(4), Florida Statutes

Silveira v. Guardianship of Quiroga

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-28T00:00:00-08:00

Citation: 156 So. 3d 574, 2015 Fla. App. LEXIS 1000

Snippet: the Florida Guardianship Law, see § 744.102(9) (defining a “guardian” as “a person who has