Florida Statutes

Fla. Stat. § 744.102 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 64 cases (6 in the last 5 years), 1981–2025 · leading case: D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018).

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D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018). · cites it 16× “” § 744.102(10), Fla. Stat. (2006) (emphasis added).”

Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). · cites it 8× “[2] Section 744.102(12), Florida Statutes (2006), defines an "incapacitated person" as "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 such…”

Glenda Martinez Smith v. J. Alan Smith, 199 So. 3d 911 (Fla. 4th DCA 2016). · cites it 7× “§ 744.102 Fla. Stat. (2013). As there is no evidence on the record that Smith himself expressed any wish to annul his marriage, there is nothing to support Hennessey’s filing of this petition.”

Scannavino v. Florida Dep't of Corr., 242 F.R.D. 662 (M.D. Fla. 2007). · cites it 4× “” Fla. Stat. § 744.102 (10) (2006). Finally, Section 744.”

Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). · cites it 6× “See § 744.102(17), Fla. Stat. (2012) (defining "professional guardian”); see also §§ 744.”

In Re Guardianship of JDS, 864 So. 2d 534 (Fla. 5th DCA 2004). · cites it 9× “Section 744.102, the definitions section of Chapter 744, defines the terms, "guardian," [6] "ward," [7] and other terms used within the chapter, but it does not define or use the term, "fetus.”

In Re Guardianship of Schiavo, 792 So. 2d 551 (Fla. 2d DCA 2001). · cites it 2× “Although it would not appear that they qualified as "next of kin," see § 744.102(12), Fla. Stat. (1997), they were "interested persons" who were entitled to appear in the adversary proceeding and present their viewpoint.”

Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005). · cites it 7× “NOTES [1] An "incapacitated person" is defined in section 744.102(10), Florida Statutes (2003), as "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…”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 3× “201 and F.S. 744.102. 1988 Revision: Rule was expanded due to deletion of FPR 5.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 3× “§ 744.102, Fla. Stat. Definitions. § 744.”

Lusker v. Guardianship of Lusker, 434 So. 2d 951 (Fla. 2d DCA 1983). · cites it 2× “Section 744.102(10), Florida Statutes (1981), defines "standby guardian" as a person empowered to assume the duties of guardianship upon the death or adjudication of incompetency of the last surviving natural or adoptive parent of an incompetent.”

State v. Earl, 649 So. 2d 297 (Fla. 5th DCA 1995). · cites it 3× “301(1), as further defined in section 744.102(1), the mother of a child born out of wedlock had the right of custody.”

Show all 64 citing cases →

— 744.102(1) — 5 cases

Glenda Martinez Smith v. J. Alan Smith, 199 So. 3d 911 (Fla. 4th DCA 2016). “§ 744.102 Fla. Stat. (2013). As there is no evidence on the record that Smith himself expressed any wish to annul his marriage, there is nothing to support Hennessey’s filing of this petition.”

Stepp v. Stepp, 520 So. 2d 314 (Fla. 2d DCA 1988).

State v. Earl, 649 So. 2d 297 (Fla. 5th DCA 1995). “301(1), as further defined in section 744.102(1), the mother of a child born out of wedlock had the right of custody.”

State v. Badalich, 479 So. 2d 197 (Fla. 5th DCA 1985).

Beth Ann Elisa Erlandsson v. The Guardianship of Beth Ann Elisa Erlandsson (Fla. 4th DCA 2020).

— 744.102(10) — 8 cases

D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018). “” § 744.102(10), Fla. Stat. (2006) (emphasis added).”

Scannavino v. Florida Dep't of Corr., 242 F.R.D. 662 (M.D. Fla. 2007). “” Fla. Stat. § 744.102 (10) (2006). Finally, Section 744.”

Lusker v. Guardianship of Lusker, 434 So. 2d 951 (Fla. 2d DCA 1983). “Section 744.102(10), Florida Statutes (1981), defines "standby guardian" as a person empowered to assume the duties of guardianship upon the death or adjudication of incompetency of the last surviving natural or adoptive parent of an incompetent.”

Gomez v. Fradin, 199 So. 3d 554 (Fla. 4th DCA 2016).

McJunkin v. McJunkin, 896 So. 2d 962 (Fla. 2d DCA 2005).

— 744.102(11) — 3 cases

Cason Ex Rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005). “NOTES [1] An "incapacitated person" is defined in section 744.102(10), Florida Statutes (2003), as "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…”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024).

— 744.102(12) — 3 cases

Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “[2] Section 744.102(12), Florida Statutes (2006), defines an "incapacitated person" as "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 such…”

In Re Guardianship of Schiavo, 792 So. 2d 551 (Fla. 2d DCA 2001). “Although it would not appear that they qualified as "next of kin," see § 744.102(12), Fla. Stat. (1997), they were "interested persons" who were entitled to appear in the adversary proceeding and present their viewpoint.”

Lutheran Servs. Florida, Inc. v. Dep't of Child. & Families, 199 So. 3d 286 (Fla. 2d DCA 2015).

— 744.102(12)(b) — 2 cases

In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

In Re: Amendments to Florida Prob. Rules - 2023 Legislation (Fla. 2023).

— 744.102(14) — 3 cases

Lois Zelman v. Martin Zelman, Robert Zelman, Lisa Held & Curtis Rogers, 175 So. 3d 871 (Fla. 4th DCA 2015).

Bivins v. Rogers, 147 So. 3d 549 (Fla. 4th DCA 2014).

— 744.102(15) — 1 case

Bergman v. Serns, 443 So. 2d 130 (Fla. 3d DCA 1983).

— 744.102(17) — 1 case

Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “See § 744.102(17), Fla. Stat. (2012) (defining "professional guardian”); see also §§ 744.”

— 744.102(19) — 2 cases

In Re Guardianship of JDS, 864 So. 2d 534 (Fla. 5th DCA 2004). “Section 744.102, the definitions section of Chapter 744, defines the terms, "guardian," [6] "ward," [7] and other terms used within the chapter, but it does not define or use the term, "fetus.”

Wixtrom v. Dep't of Child. & Families, 864 So. 2d 534 (Fla. 5th DCA 2004).

— 744.102(2) — 3 cases

In Re Guardianship of Jansen, 405 So. 2d 1074 (Fla. 2d DCA 1981).

Rodriguez v. Levin, 524 So. 2d 1107 (Fla. 3d DCA 1988).

Syna v. Lewen, 549 So. 2d 755 (Fla. 3d DCA 1989).

— 744.102(22) — 6 cases

Faulkner v. Faulkner, 65 So. 3d 1167 (Fla. 1st DCA 2011).

Kemp v. Berschback (Fla. 2d DCA 2016).

Kemp v. Berschback, 204 So. 3d 143 (Fla. 2d DCA 2016).

In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

— 744.102(3) — 1 case

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

— 744.102(34) — 1 case

In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

— 744.102(4) — 3 cases

Artigas v. Winn Dixie Stores, Inc., 578 So. 2d 356 (Fla. 1st DCA 1991).

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

In Re Amendments to Florida Prob. Rule 5.590, 150 So. 3d 1100 (Fla. 2014).

— 744.102(5) — 1 case

Jackson v. Jackson, 432 So. 2d 695 (Fla. 1st DCA 1983).

— 744.102(7) — 5 cases

Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “See § 744.102(17), Fla. Stat. (2012) (defining "professional guardian”); see also §§ 744.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.102, Fla. Stat. Definitions. § 744.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007).

Parr v. Cushing, 507 So. 2d 1227 (Fla. 5th DCA 1987).

— 744.102(8) — 7 cases

State v. Earl, 649 So. 2d 297 (Fla. 5th DCA 1995). “301(1), as further defined in section 744.102(1), the mother of a child born out of wedlock had the right of custody.”

Wixtrom v. Dep't of Child. & Families, 864 So. 2d 534 (Fla. 5th DCA 2004).

Ricketts v. Haynes, 630 So. 2d 1232 (Fla. 2d DCA 1994).

— 744.102(8)(b) — 1 case

Glatthar v. Hoequist, 600 So. 2d 1205 (Fla. 5th DCA 1992).

— 744.102(9) — 11 cases

D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018). “” § 744.102(10), Fla. Stat. (2006) (emphasis added).”

Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). “See § 744.102(17), Fla. Stat. (2012) (defining "professional guardian”); see also §§ 744.”

Harmon v. Williams, 596 So. 2d 1139 (Fla. 2d DCA 1992).

Yazdzik v. Scott, 129 So. 3d 482 (Fla. 2d DCA 2014).

— 744.102(9)(a) — 3 cases

D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018). “” § 744.102(10), Fla. Stat. (2006) (emphasis added).”

Kemp v. Berschback (Fla. 2d DCA 2016).

Kemp v. Berschback, 204 So. 3d 143 (Fla. 2d DCA 2016).

— 744.102(9)(b) — 4 cases

D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870 (Fla. 2018). “” § 744.102(10), Fla. Stat. (2006) (emphasis added).”

Barrier v. JFK Med. Ctr. Ltd. P'ship, 169 So. 3d 185 (Fla. 4th DCA 2015).

Pamela Barrier, etc. v. JFK Med. Ctr. Ltd. P'ship, etc., Palm Beach Emergency Med. Assocs., P.L., etc., Jason Sevald, M.D., Armor Corr. Health Servs., Inc., etc., Tanya Beaumont, L.P.N., Shara Davis, L.P.N., Patricia Salmon, L.P.N., Garry J. Beauzile, M.D., & Pierre Dorsainvil, M.D. (Fla. 4th DCA 2015).

Guardianship of Rawl v. Rawl, 133 So. 3d 1179 (Fla. 2d DCA 2014).

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