Florida Statute 744.309 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.309

744.309 Who may be appointed guardian of a resident ward.—

(1) RESIDENT.—

(a) Any resident of this state who is sui juris and is 18 years of age or older is qualified to act as guardian of a ward.

(b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward’s family, and serves without compensation.

(2) NONRESIDENT.—A nonresident of the state may serve as guardian of a resident ward if he or she is:

(a) Related by lineal consanguinity to the ward;

(b) A legally adopted child or adoptive parent of the ward;

(c) A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by lineal consanguinity to any such person; or

(d) The spouse of a person otherwise qualified under this section.

(3) DISQUALIFIED PERSONS.—No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward’s best interest. The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur.

(4) TRUST COMPANY, STATE BANK OR SAVINGS ASSOCIATION, OR NATIONAL BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION.—A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state may act as guardian of the property of the ward.

(5) NONPROFIT CORPORATE GUARDIAN.—A nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state may be appointed guardian for a ward. If the nonprofit corporate guardian charges fees against the assets or property of the ward for its services, the corporation must employ at least one professional guardian.

(6) HEALTH CARE PROVIDER.—A provider of health care services to the ward, whether direct or indirect, may not be appointed the guardian of the ward, unless the court specifically finds that there is no conflict of interest with the ward’s best interests.

(7) FOR-PROFIT CORPORATE GUARDIAN.—A for-profit corporate guardian existing under the laws of this state is qualified to act as guardian of a ward if the entity is qualified to do business in the state, is wholly owned by the person who is the circuit’s public guardian in the circuit where the corporate guardian is appointed, has met the registration requirements of s. 744.2002, and posts and maintains a bond or insurance policy under paragraph (a).

(a) The for-profit corporate guardian must meet one of the following requirements:

1. Post and maintain a blanket fiduciary bond of at least $250,000 with the clerk of the circuit court in the county in which the corporate guardian has its principal place of business. The corporate guardian shall provide proof of the fiduciary bond to the clerks of each additional circuit court in which he or she is serving as a guardian. The bond must cover all wards for whom the corporation has been appointed as a guardian at any given time. The liability of the provider of the bond is limited to the face value of the bond, regardless of the number of wards for whom the corporation is acting as a guardian. The terms of the bond must cover the acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The bond must be payable to the Governor and his or her successors in office and be conditioned on the faithful performance of all duties of a guardian under this chapter. The bond is in lieu of and not in addition to the bond required under s. 744.2003 but is in addition to any bonds required under s. 744.351. The expenses incurred to satisfy the bonding requirements of this section may not be paid with the assets of any ward; or

2. Maintain a liability insurance policy that covers any losses sustained by the guardianship caused by errors, omissions, or any intentional misconduct committed by the corporation’s officers or agents. The policy must cover all wards for whom the corporation is acting as a guardian for losses up to $250,000. The terms of the policy must cover acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The corporate guardian shall provide proof of the policy to the clerk of each circuit court in which he or she is serving as a guardian.

(b) A for-profit corporation appointed as guardian before July 1, 2015, is also qualified to serve as a guardian in the particular guardianships in which the corporation has already been appointed as guardian.

History.—s. 1, ch. 74-106; s. 8, ch. 75-222; s. 4, ch. 79-221; s. 7, ch. 81-27; s. 2, ch. 83-139; s. 26, ch. 89-96; s. 14, ch. 90-271; s. 1, ch. 96-184; s. 5, ch. 96-354; s. 1781, ch. 97-102; s. 48, ch. 98-280; s. 159, ch. 98-403; s. 8, ch. 2000-135; s. 110, ch. 2000-349; s. 4, ch. 2002-195; s. 31, ch. 2004-267; s. 53, ch. 2010-114; s. 7, ch. 2015-83; s. 36, ch. 2016-40.

Note.—Created from former s. 744.27.

F.S. 744.309 on Google Scholar

F.S. 744.309 on Casetext

Amendments to 744.309

Arrestable Offenses / Crimes under Fla. Stat. 744.309

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.309.

Annotations, Discussions, Cases:

Cases Citing Statute 744.309

Total Results: 20

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

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

Snippet: 3085, Fla. Stat. Guardian advocates. § 744.309, Fla. Stat. Who may be appointed guardian of a

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

Court: Supreme Court of Florida | Date Filed: 2020-12-31

Snippet: 3085, Fla. Stat. Guardian advocates. § 744.309, Fla. Stat. Who may be appointed guardian of a

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Snippet: 744.3045, Fla. Stat. Preneed guardian. § 744.309, Fla. Stat. Who may be appointed guardian of a

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-15

Citation: 200 So. 3d 761, 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Snippet: Stat. Professional guardian registration. § 744.309, Fla. Stat. Who may be appointed guardian of a

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-01

Citation: 199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Snippet: Fla. Stat. Professional guardian registration. § 744.309, Fla Stat. Who may be appointed guardian of a resident

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: Fla. Stat. (2012) (emphasis supplied). Section 744.309, Florida Statutes (2012), lists the requirements

Silveira v. Guardianship of Quiroga

Court: District Court of Appeal of Florida | Date Filed: 2015-01-28

Citation: 156 So. 3d 574, 2015 Fla. App. LEXIS 1000

Snippet: to be appointed as a guardian. See § 744.309(3), Fla. Stat. (2013). The record before this

In Re AMENDMENTS TO FLORIDA PROBATE RULE 5.590

Court: Supreme Court of Florida | Date Filed: 2014-11-06

Citation: 150 So. 3d 1100, 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899

Snippet: July 1, 2014, 1 as well as to sections 744.309(3) and 943.0583, Florida Statutes (2014). The Executive

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: and received stitches above her eye. . Section 744.309(3), Florida Statutes, specifies grounds for disqualification

Morris v. Knight

Court: District Court of Appeal of Florida | Date Filed: 2009-02-11

Citation: 1 So. 3d 1236, 2009 Fla. App. LEXIS 1124, 2009 WL 321586

Snippet: designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: § 744.3085, Fla. Stat. Guardian advocates. § 744.309, Fla. Stat. Who may be appointed guardian of a

Miller v. Goodell

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

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

Snippet: designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: Fla. Stat. Professional guardian registration. § 744.309, Fla. Stat. Who may be appointed guardian of a

Levy v. Guardianship of Levy

Court: District Court of Appeal of Florida | Date Filed: 2003-12-17

Citation: 861 So. 2d 99, 2003 Fla. App. LEXIS 19203, 2003 WL 22956432

Snippet: unsuitable to perform the duties of a guardian.” § 744.309(3), Fla. Stat. (2000). REVERSED AND REMANDED. WARNER

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Committee notes revised. Statutory References § 744.309, Fla. Stat. Who may be appointed guardian of a

Treloar v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2001-08-17

Citation: 791 So. 2d 1195, 2001 WL 929993

Snippet: designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or

Poteat v. Guardianship of Poteat

Court: District Court of Appeal of Florida | Date Filed: 2000-10-11

Citation: 771 So. 2d 569, 2000 WL 1505082

Snippet: there is a conflict of interest, rely on section 744.309(3), Florida Statutes (Supp.1998), which provides

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2000-09-28

Citation: 778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Snippet: of proposed guardian. Statutory References § 744.309, Fla. Stat. Who may be appointed guardian of a

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1996-10-03

Citation: 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Snippet: determine incapacity. Statutory References 744.309, Fla.Stat. Who may be appointed guardian of a resident

Murphey v. Catholic Charities of the Diocese of Palm Beach, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-10-13

Citation: 630 So. 2d 591, 1993 Fla. App. LEXIS 10324

Snippet: should not have been appointed, since section 744.309(3), Florida Statutes (1991) provides in part that: