Florida Statute 744.3021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3021

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

Arrestable Offenses / Crimes under Fla. Stat. 744.3021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3021.

Annotations, Discussions, Cases:

Cases Citing Statute 744.3021

Total Results: 12

In Re: Jane Doe 23-A

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-15T00:00:00-08:00

Snippet: guardianship petition with the circuit court. See § 744.3021 Fla. Stat. (2023) (permitting family members and

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Fla. | Date Filed: 2021-11-04T00:53:00-07:00

Snippet: trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.3085

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

Court: Fla. | Date Filed: 2021-02-17T23:53:00-08:00

Snippet: trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.3085

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

Court: Fla. | Date Filed: 2020-12-30T23:53:00-08:00

Snippet: trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.3085

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-02-01T00:00:00-08:00

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla

Wixtrom v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-09T00:00:00-08:00

Citation: 864 So. 2d 534, 2004 Fla. App. LEXIS 161

Snippet: appointed pursuant to Chapter 744. Under section 744.3021, any person interested in the welfare of a minor…744.1085, Fla. Stat. (2003). . Under section 744.3021, such a procedure is not required in cases involving

In Re Guardianship of JDS

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-08T23:53:00-08:00

Citation: 864 So. 2d 534

Snippet: appointed pursuant to Chapter 744. Under section 744.3021, any person interested in the welfare of a minor…744.1085, Fla. Stat. (2003). [3] Under section 744.3021, such a procedure is not required in cases involving

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla

Mc v. Dept. of Children and Family Serv.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-20T23:53:00-08:00

Citation: 814 So. 2d 449

Snippet: requested the appointment of a guardian for M.C. See § 744.3021, Fla. Stat. (1997); Fla. R. Juv. P. 8.215(a),

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2000-09-28T00:00:00-07:00

Citation: 778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Snippet: administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla

Amendments to Florida Probate Rules

Court: Fla. | Date Filed: 1996-10-03T00:53:00-07:00

Citation: 683 So. 2d 78

Snippet: administrators, trustees, receivers, or other officers. 744.3021, Fla.Stat. Guardians of minors. 744.334, Fla.Stat

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1992-09-24T00:00:00-07:00

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: changes in committee notes. Statutory References § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla.Stat