744.1097
Venue.
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744.1097 Venue.—
(1) The venue in proceedings for declaration of incapacity shall be where the alleged incapacitated person resides or is found. The provisions of this section do not apply to veterans.
(2) The venue in proceedings for the appointment of a guardian shall be:
(a) If the incapacitated person is a resident of this state, in the county where the incapacitated person resides.
(b) If the incapacitated person is not a resident of this state, in any county in this state where property of the incapacitated person is located.
(c) If the incapacitated person is not a resident of this state and owns no property in this state, in the county where any debtor of the incapacitated person resides.
(d) If the incapacitated person is a child or young adult under the jurisdiction of a dependency court, in the county where the child or young adult resides or in the county having jurisdiction of the dependency case.
(3) When the residence of an incapacitated person is changed to another county, the guardian shall petition to have the venue of the guardianship changed to the county of the acquired residence, except in cases where venue was established under paragraph (2)(d) or as provided in s. 744.1098.
(4) If an incapacitated person is a resident of this state and is found in a county other than the county of residence, the venue for declaration of incapacity and for the appointment of a guardian may be the county where the incapacitated person is found. Upon transfer of the incapacitated person to the county of residence, the guardian may have the venue of the guardianship changed to the county of residence and a successor guardian may be appointed.
History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 15, ch. 89-96; s. 7, ch. 90-271; s. 33, ch. 95-401; s. 3, ch. 96-354; s. 6, ch. 2016-40; s. 1, ch. 2019-10.
Note.—Created from former s. 744.11; former s. 744.202.
Notes of Decisions
Cited in 2
cases, 2016–2020 · leading case: In Re: Amendments to the Florida Probate Rules - Guardianship
In Re: Amendments to the Florida Probate Rules - Guardianship (2020)
“In Re: Guardianship of Respondent’s Name PETITION FOR APPOINTMENT OF GUARDIAN Petitioner, , files this petition pursuant to section 744.1097, Florida Statutes, and alleges that: 1.”
In Re AMENDMENTS TO the FLORIDA PROBATE RULES (2016)
“202(3) to section 744.1097(3), Florida Statutes. Updated statutory references.”
— 744.1097(2) — 1 case
In Re: Amendments to the Florida Probate Rules - Guardianship (2020)
“In Re: Guardianship of Respondent’s Name PETITION FOR APPOINTMENT OF GUARDIAN Petitioner, , files this petition pursuant to section 744.1097, Florida Statutes, and alleges that: 1.”
— 744.1097(3) — 1 case
In Re AMENDMENTS TO the FLORIDA PROBATE RULES (2016)
“202(3) to section 744.1097(3), Florida Statutes. Updated statutory references.”
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