Florida Statutes
Fla. Stat. § 744.308 (2025)
Resident guardian of the property of nonresident ward.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.308 Resident guardian of the property of nonresident ward.—
(1) The court may appoint a person qualified under s. 744.309 as guardian of a nonresident ward’s property upon the petition of a foreign guardian, next of kin, or creditor of the ward, regardless of whether he or she has a foreign guardian or not.
(2) The petition for the appointment of a guardian for the property of a nonresident ward shall be in writing and shall be prepared in accordance with the requirements of s. 744.334.
(3) If it is alleged that the incapacity is due to mental or physical incapacity, the petition shall be accompanied by an authenticated copy of the adjudication of incapacity from the qualified authorities in the state, territory, or country where the incapacitated person is domiciled and shall state whether the incapacitated person is in the custody of any person or institution and, if so, the name and post office address of the custodian. The adjudication shall constitute prima facie proof of the incapacity.
(4) If the question about the mental or physical incapacity of a nonresident is presented while the nonresident is temporarily residing in this state and he or she is not under an adjudication of incapacity made in some other state, territory, or country, the procedure for the appointment of a guardian of the nonresident’s property shall be the same as though he or she were a resident of this state.
(5) When the ground for the appointment of a guardian is incapacity for which the person has been adjudicated in another state, territory, or country, notice of the hearing shall be served personally or by registered mail on the ward and the ward’s next of kin and legal custodian, if any, at least 20 days before the hearing.
(6) In the appointment of the guardian, the court shall be governed by s. 744.312.
(7) The duties, powers, and liabilities for the custody, control, management, and disposition of the ward’s property and removal, accounting, and discharge shall be governed by the law applicable to guardians of property of resident wards.
History.—s. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 25, ch. 89-96; s. 13, ch. 90-271; s. 1074, ch. 97-102.
Note.—Created from former ss. 744.18, 744.19, 744.21, 744.25, 744.26.
Notes of Decisions
Cited in 1
case, 1989–1989 · leading case: Burden v. Dickman, 547 So. 2d 170 (Fla. 3d DCA 1989).
Burden v. Dickman, 547 So. 2d 170 (Fla. 3d DCA 1989). “While it is true that Adam has never been a resident of or domiciled in Florida, section 744.308(1), Florida Statutes (1987), expressly provides for the guardianship of a nonresident incompetent.”
— 744.308(1) — 1 case
Burden v. Dickman, 547 So. 2d 170 (Fla. 3d DCA 1989). “While it is true that Adam has never been a resident of or domiciled in Florida, section 744.308(1), Florida Statutes (1987), expressly provides for the guardianship of a nonresident incompetent.”
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