Florida Statute 744.2005 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.2005

744.2005 Order of appointment.—

(1) The court may hear testimony on the question of who is entitled to preference in the appointment of a guardian. Any interested person may intervene in the proceedings.

(2) The order appointing a guardian must state the nature of the guardianship as either plenary or limited. If limited, the order must state that the guardian may exercise only those delegable rights which have been removed from the incapacitated person and specifically delegated to the guardian. The order shall state the specific powers and duties of the guardian.

(3) The order appointing a guardian must be consistent with the incapacitated person’s welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decisions in all matters commensurate with the person’s ability to do so.

(4) If a petition for appointment of a guardian has been filed, an order appointing a guardian must be issued contemporaneously with the order adjudicating the person incapacitated. The order must specify the amount of the bond to be given by the guardian and must state specifically whether the guardian must place all, or part, of the property of the ward in a restricted account in a financial institution designated pursuant to s. 69.031.

(5) If a petition for the appointment of a guardian has not been filed or ruled upon at the time of the hearing on the petition to determine capacity, the court may appoint an emergency temporary guardian in the manner and for the purposes specified in s. 744.3031.

(6) A plenary guardian shall exercise all delegable rights and powers of the incapacitated person.

(7) A person for whom a limited guardian has been appointed retains all legal rights except those that have been specifically granted to the guardian in the court’s written order.

History.—s. 1, ch. 74-106; ss. 12, 26, ch. 75-222; s. 39, ch. 89-96; s. 24, ch. 90-271; s. 1081, ch. 97-102; s. 12, ch. 2015-83; s. 13, ch. 2016-40.

Note.—Created from former s. 744.34; former s. 744.344.

F.S. 744.2005 on Google Scholar

F.S. 744.2005 on Casetext

Amendments to 744.2005

Arrestable Offenses / Crimes under Fla. Stat. 744.2005

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.2005.

Annotations, Discussions, Cases:

Cases Citing Statute 744.2005

Total Results: 5

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: Professional guardian registration. § 744.2005, Fla. Stat. Order of appointment. § 744

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-12-31

Snippet: Professional guardian registration. § 744.2005, Fla. Stat. Order of appointment. § 744

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Supreme Court of Florida | Date Filed: 2020-09-03

Snippet: 341, Fla. Stat. Voluntary guardianship. § 744.2005 Fla. Stat. Order of appointment.

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-15

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

Snippet: reflect renumbering of section 744.344(4) to section 744.2005, Florida Statutes. Updated statutory references

Golden v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-11-04

Citation: 913 So. 2d 744, 2005 WL 2899475

Snippet: 913 So.2d 744 (2005) Walter Lee GOLDEN, Appellant, v. STATE of Florida, Appellee. No. 5D04-3804. District