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Fla. Stat. § 744.3085 (2025)

Guardian advocates.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.3085 Guardian advocates.—A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities if the person lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person, property, or estate, or if the person has voluntarily petitioned for the appointment of a guardian advocate. Unless otherwise specified, the proceeding shall be governed by the Florida Probate Rules. In accordance with the legislative intent of this chapter, courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship.
History.—s. 11, ch. 2004-260.
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2008–2024 · leading case: In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 30× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 4× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). · cites it 4× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020). · cites it 8× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). · cites it 8× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). · cites it 4× “560(a), has been changed as follows: “(9) whether there are possible alternatives to guardianship known to the petitioner, including, but not limited to, trust agreements, powers of attorney, surrogates, guardian advocate under section 744.3085, Florida Statutes, or advance…”
Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024). · cites it 4× “; see also § 744.3085, Fla. Stat. (reiterating the language in section 393.”
In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016). · cites it 2× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re: Amendments to the Florida Prob. Rules-2018 Fast-track Report., 253 So. 3d 983 (Fla. 2018). · cites it 2× “Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla.”
In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020). · cites it 2× “§ 744.3085, Fla. Stat. Guardian advocates.”
In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021). · cites it 2× “§ 744.3085, Fla. Stat. Guardian advocates.”
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