Florida Statute 744.3045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3045

744.3045 Preneed guardian.—

(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.

(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time.

(3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration.

(4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.

(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.

(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.

(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.

History.—s. 21, ch. 89-96; s. 12, ch. 90-271.

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Amendments to 744.3045

Arrestable Offenses / Crimes under Fla. Stat. 744.3045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3045.

Annotations, Discussions, Cases:

Cases Citing Statute 744.3045

Total Results: 16

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Court: Fla. | Date Filed: 2024-09-05T00:00:00-07:00

Snippet: Supported decisionmaking agreements. § 744.3045, Fla. Stat. Preneed guardian. § 765.101

Orlando G. Silva v. Jorge E. Silva

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

Snippet: for purposes of appeal. The second is section 744.3045(4), Florida Statutes (2023), Florida’s preneed… This principle is codified in section 744.3045, Florida Statutes, the preneed guardian statute…guardian by executing a written declaration. See § 744.3045(1), Fla. Stat. Once the declaration is executed… is entitled to serve in that capacity. See § 744.3045(4), Fla. Stat. But “[t]he court shall not be bound…assume the duties of guardian immediately.” § 744.3045(5), Fla. Stat. Here, Dr. Silva executed

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

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

Snippet: - 12 - § 744.3045, Fla. Stat. Preneed guardian. § 744.3115… guardian; appointment, notification. § 744.3045, Fla. Stat. Preneed guardian. § 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: 744.104, Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian.” On p. 14, under…17, line 4, the following section was added: “§ 744.3045, Fla. Stat. Preneed guardian.” On p. 20, 6th

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Fla. | Date Filed: 2020-09-03T00:53:00-07:00

Snippet: Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian. § 744.3115…Stat. Professional guardian registration. § 744.3045, Fla. Stat. Preneed guardian. § 744.309,… - 10 - § 744.3045, Fla. Stat. Preneed guardian. § 765.101

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. | Date Filed: 2017-08-31T00:00:00-07:00

Citation: 224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759

Snippet: event that person is declared incapacitated. See § 744.3045(1), Fla. Stat. (2016). . The hearing was related

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-02T00:00:00-08:00

Citation: 199 So. 3d 911, 2016 Fla. App. LEXIS 3130

Snippet: approval.” This was in compliance with section 744.3045(2)(a), Florida Statutes (2013). Although Smith

Martinez v. Guardianship of Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-18T00:00:00-07:00

Citation: 159 So. 3d 394, 2015 Fla. App. LEXIS 3966, 2015 WL 1238445

Snippet: entitled to serve as guardian.” § 744.3045(4), Fla. Stat. (2012). Section 744.3045(4), Florida Statutes (2012… to apply the statutory presumption of section 744.3045(4), Florida Statutes (2012), where the ward had…appointment under sections 744.102(16), 744.312(4), and 744.3045(4), Florida Statutes (2012). Third, the court …in the event of the declarant’s incapacity.” § 744.3045(1), Fla. Stat. (2012). “Production of the declaration…found to be unqualified to serve as guardian.” § 744.3045(4), Fla. Stat. (2012) (emphasis supplied). Section

Koshenina v. Buvens

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-29T00:00:00-08:00

Citation: 130 So. 3d 276, 2014 WL 304889, 2014 Fla. App. LEXIS 1363

Snippet: ruling applied an incorrect legal standard. Section 744.3045(4), Florida Statutes (2010), provides in pertinent

Acuna v. Dresner

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-04T00:00:00-07:00

Citation: 41 So. 3d 997, 2010 Fla. App. LEXIS 11268, 2010 WL 3025111

Snippet: Florida's preneed guardian statute, section 744.3045, Florida Statutes (2009), provides for a statutory…guardian is found to be unqualified to serve. § 744.3045(4); see also Estate of Salley, 742 So.2d at 271

Miller v. Goodell

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-25T00:00:00-07:00

Citation: 958 So. 2d 952

Snippet: the trial court abused its discretion. Section 744.3045(4), Florida Statutes (2005), provides in pertinent

Butler v. Guardianship of Peacock

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-31T23:53:00-08:00

Citation: 898 So. 2d 1139

Snippet: .2d 115 (Fla. 3d DCA 1980). According to section 744.3045(4) of the Florida Statutes, production of a written…pre-need guardian is found to be unqualified. See § 744.3045(4), Fla. Stat. (2002). In the instant case, after

Lowe v. Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-20T00:53:00-07:00

Citation: 766 So. 2d 1199

Snippet: as "preneed guardian pursuant to section 744.3045, Florida Statutes." BROWARD CO., FLA.CODE…designated as a preneed guardian pursuant to section 744.3045, Florida Statutes, and to serve in such capacity

In Re Estate of Salley

Court: Fla. Dist. Ct. App. | Date Filed: 1997-09-03T00:53:00-07:00

Citation: 742 So. 2d 268

Snippet: person as well as her property, pursuant to section 744.3045, Florida Statutes (1995). By agreed order, Mr.…be executed by a "competent" adult. § 744.3045(1), Fla. Stat. (1995). Mr. Oswald and Comprehensive

Gallagher v. Comprehensive Personal Care Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-09-03T00:00:00-07:00

Citation: 742 So. 2d 268, 1997 Fla. App. LEXIS 10256

Snippet: person as well as her property, pursuant to section 744.3045, Florida Statutes (1995). By agreed order, Mr.…declaration may be executed by a “competent” adult. § 744.3045(1), Fla. Stat. (1995). Mr. Oswald and Comprehensive

Davis v. King

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-17T00:00:00-08:00

Citation: 686 So. 2d 763

Snippet: filed a petition to intervene pursuant to section 744.3045, Florida Statutes (1995), claiming that she should…guardian in Ms. Masters preneed declarations. Section 744.3045 provides in relevant part: (4) Production of the