Florida Statute 744.3021 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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744.3021 Guardians of minors.—

(1) Except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian.

(2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court.

(3) In its discretion, the court may appoint an attorney to represent the interests of a minor at the hearing on the petition for appointment of a guardian.

(4) If a petition is filed pursuant to this section requesting appointment of a guardian for a minor who is the subject of any proceeding under chapter 39 and who is aged 17 years and 6 months or older, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings under s. 744.331. The alleged incapacitated minor under this subsection shall be provided all the due process rights conferred upon an alleged incapacitated adult pursuant to this chapter and applicable court rules. The order of adjudication under s. 744.331 and the letters of limited or plenary guardianship may issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this subsection shall be conducted separately from any other proceeding.

History.—s. 9, ch. 90-271; s. 6, ch. 2015-112.

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Amendments to 744.3021

Annotations, Discussions, Cases:

Cases Citing Statute 744.3021

Total Results: 11 | Sort by: Relevance | Newest First

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Mc v. Dept. of Child. & Fam. Serv., 814 So. 2d 449 (Fla. 4th DCA 2001).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 16374

...rself, was not represented by a guardian ad litem. We disagree. As a preliminary matter, this issue was never raised below where neither M.C.'s counsel nor the Office of the Guardian Ad Litem ever requested the appointment of a guardian for M.C. See § 744.3021, Fla....

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In Re Guardianship of JDS, 864 So. 2d 534 (Fla. 5th DCA 2004).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2004 WL 42619

...baby. Wixtrom's petition was for her appointment as a plenary guardian under Chapter 744, and not a guardian ad litem. It is important to note the difference between a guardian ad litem and a plenary guardian appointed pursuant to Chapter 744. Under section 744.3021, any person interested in the welfare of a minor may be appointed guardian of the minor without the necessity to adjudicate the minor incompetent as set forth in section 744.331....

...833, 846, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992). [8] Amy Kay Boatright, State Control Over the Bodies of Pregnant Women, 11 J. Contemp. Legal Issues 903, 903 (2001). [1] § 415.1051 (2), Fla. Stat. (2003). [2] § 744.1085, Fla. Stat. (2003). [3] Under section 744.3021, such a procedure is not required in cases involving persons under 18 years of age....

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Amendments to the Florida Prob. Rules, 778 So. 2d 272 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

...2000 Revision: Deletes requirement in subdivision (c) to report social security number of proposed guardian. Statutory References § 69.031, Fla. Stat. Designated financial institutions for assets in hands of guard *282 ians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla....

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

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...omplished without a hearing. Rule History 1991 Revision: New rule adopted to apply to guardianships over minors who are not incapacitated persons. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 744.3021, Fla.Stat....

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In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

...2021 Revision: Committee notes revised. Statutory References § 69.031, Fla. Stat. Designated financial institutions for assetsproperty in hands of guardians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla....

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

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...2003 Revision: Deletes requirement in subdivision (c) to report social security number of minor. Committee notes revised. Statutory References § 69.031, Fla. Stat. Designated financial institutions for assets in hands of guardians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla....

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

Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 161

guardian appointed pursuant to Chapter 744. Under section 744.3021, any person interested in the welfare of a

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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744

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

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...Subdivision (e)(3) amended to eliminate requirement of service on ward unless ordered by court or required by statute. Statutory References § 69.031, Fla. Stat. Designated financial institutions for assets in hands of guardians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla....

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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...744.334, Florida Statutes, and the list of alternatives to guardianships. Statutory References § 69.031, Fla. Stat. Designated financial institutions for assets in hands of guardians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla....

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In Re: Jane Doe 23-A (Fla. 1st DCA 2023).

Published | Florida 1st District Court of Appeal

...It is not the process by which a family member is appointed to act as the minor’s legal guardian. To the extent that Doe and her loved ones wish to obtain a court order appointing a family member as Doe’s legal guardian, they can file a guardianship petition with the circuit court. See § 744.3021 Fla. Stat....

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