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Florida Statute 744.2007 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.2007
744.2007 Powers and duties.
(1) A public guardian may serve as a guardian of a person adjudicated incapacitated under this chapter if there is no family member or friend, other person, bank, or corporation willing and qualified to serve as guardian.
(2) The public guardian shall be vested with all the powers and duties of a guardian under this chapter, except as otherwise provided by law.
(3) The public guardian shall primarily serve incapacitated persons who are of limited financial means, as defined by contract or rule of the Department of Elderly Affairs. The public guardian may serve incapacitated persons of greater financial means to the extent the Department of Elderly Affairs determines to be appropriate.
(4) The public guardian shall be authorized to employ sufficient staff to carry out the duties of his or her office.
(5) The public guardian may delegate to assistants and other members of his or her staff the powers and duties of the office of public guardian, except as otherwise limited by law. The public guardian shall retain ultimate responsibility for the discharge of his or her duties and responsibilities.
(6) The public guardian, when appointed guardian of an incapacitated person, shall seek a family member or friend, other person, bank, or corporation who is qualified and willing to serve as guardian. Upon determining that there is someone qualified and willing to serve as guardian, either the public guardian or the qualified person shall petition the court for appointment of a successor guardian.
(7) A public guardian may not commit a ward to a treatment facility, as defined in s. 394.455, without an involuntary placement proceeding as provided by law.
(8) When a person is appointed successor public guardian, he or she immediately succeeds to all rights, duties, responsibilities, and powers of the preceding public guardian.
(9) When the position of public guardian is vacant, subordinate personnel employed under subsection (4) shall continue to act as if the position of public guardian were filled.
History.s. 1, ch. 86-120; s. 99, ch. 89-96; s. 45, ch. 96-169; s. 1790, ch. 97-102; s. 86, ch. 99-3; s. 15, ch. 2003-57; s. 71, ch. 2006-227; s. 15, ch. 2016-40; s. 78, ch. 2016-241; s. 23, ch. 2020-39; s. 12, ch. 2022-36; s. 51, ch. 2024-245.
Note.Former s. 744.704.

F.S. 744.2007 on Google Scholar

F.S. 744.2007 on Casetext

Amendments to 744.2007


Arrestable Offenses / Crimes under Fla. Stat. 744.2007
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.2007.



Annotations, Discussions, Cases:

Cases Citing Statute 744.2007

Total Results: 2

State v. Daniels

Court: District Court of Appeal of Florida | Date Filed: 2014-05-16

Citation: 158 So. 3d 629, 2014 Fla. App. LEXIS 7291, 2014 WL 1976269

Snippet: 157 Cal.App.4th Supp. 1, 68 Cal.Rptr.3d 741, 744 (2007) (holding statute requiring “stop at a limit line”

Perez v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-08-10

Citation: 964 So. 2d 744, 2007 WL 2275181

Snippet: 964 So.2d 744 (2007) Jose Oscar PEREZ, Jr., Appellant, v. STATE of Florida, Appellee. No. 2D06-2577