744.3021
Guardians of minors.
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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.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1992–2023 · leading case: Mc v. Dept. of Children and Family Serv.
Mc v. Dept. of Children and Family Serv. (2001)
“See § 744.3021, Fla. Stat. (1997); Fla. R. Juv.”
In Re Guardianship of JDS (2004)
“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.”
Amendments to the Florida Probate Rules (2003)
“§ 744.3021, Fla. Stat. Guardians of minors.”
Wixtrom v. Department of Children & Families (2004)
“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.”
In re Amendments to the Florida Probate Rules (1992)
“Statutory References § 744.3021, Fla.Stat. Guardians of minors.”
In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report (2020)
“§ 744.3021, Fla. Stat. Guardians of minors.”
In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report (2021)
“§ 744.3021, Fla. Stat. Guardians of minors.”
In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report (2021)
“§ 744.3021, Fla. Stat. Guardians of minors.”
In Re: Jane Doe 23-A (2023)
“See § 744.3021 Fla. Stat. (2023) (permitting family members and other interested persons to petition the court for the appointment of a guardian for a minor).”
In re Amendments to the Florida Probate Rules (2007)
“§ 744.3021, Fla. Stat. Guardians of minors.”
Amendments to the Florida Probate Rules (2000)
“§ 744.3021, Fla. Stat. Guardians of minors.”
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