Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 744.3045 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
Statute is currently reporting as:
F.S. 744.3045 Case Law from Google Scholar Google Search for Amendments to 744.3045

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
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.

F.S. 744.3045 on Google Scholar

F.S. 744.3045 on Casetext

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: Supreme Court of Florida | Date Filed: 2024-09-05

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

Orlando G. Silva v. Jorge E. Silva

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: for purposes of appeal. The second is section 744.3045(4), Florida Statutes (2023), Florida’s preneed

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

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: - 12 - § 744.3045, Fla. Stat. Preneed guardian. § 744.3115

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

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: 744.104, Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian.” On p. 14, under

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Supreme Court of Florida | Date Filed: 2020-09-03

Snippet: Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian. § 744.3115

Glenda Martinez Smith v. J. Alan Smith

Court: Supreme Court of Florida | Date Filed: 2017-08-31

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: District Court of Appeal of Florida | Date Filed: 2016-03-02

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’s

Martinez v. Guardianship of Smith

Court: District Court of Appeal of Florida | Date Filed: 2015-03-18

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

Snippet: to apply the statutory presumption of section 744.3045(4), Florida Statutes (2012), where the ward had

Koshenina v. Buvens

Court: District Court of Appeal of Florida | Date Filed: 2014-01-29

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: District Court of Appeal of Florida | Date Filed: 2010-08-04

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

Snippet: Moreover, Florida's preneed guardian statute, section 744.3045, Florida Statutes (2009), provides for a statutory

Miller v. Goodell

Court: District Court of Appeal of Florida | Date Filed: 2007-04-25

Citation: 958 So. 2d 952, 2007 WL 1201892

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

Butler v. Guardianship of Peacock

Court: District Court of Appeal of Florida | Date Filed: 2005-04-01

Citation: 898 So. 2d 1139, 2005 Fla. App. LEXIS 4489, 2005 WL 735280

Snippet: 2d 115 (Fla. 3d DCA 1980). According to section 744.3045(4) of the Florida Statutes, production of a written

Lowe v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 2000-09-20

Citation: 766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

Snippet: Statutes" and as "preneed guardian pursuant to section 744.3045, Florida Statutes." BROWARD CO., FLA.CODE §§ 16½-159

Gallagher v. Comprehensive Personal Care Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1997-09-03

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

In Re Estate of Salley

Court: District Court of Appeal of Florida | Date Filed: 1997-09-03

Citation: 742 So. 2d 268, 1997 WL 537376

Snippet: person as well as her property, pursuant to section 744.3045, Florida Statutes (1995). By agreed order, Mr

Davis v. King

Court: District Court of Appeal of Florida | Date Filed: 1997-01-17

Citation: 686 So. 2d 763, 1997 WL 14154

Snippet: filed a petition to intervene pursuant to section 744.3045, Florida Statutes (1995), claiming that she should