Florida Statute 744.312 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.312

744.312 Considerations in appointment of guardian.—

(1) If the person designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward.

(2) If a guardian cannot be appointed under subsection (1), the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not. The court shall give preference to the appointment of a person who:

(a) Is related by blood or marriage to the ward;

(b) Has educational, professional, or business experience relevant to the nature of the services sought to be provided;

(d) Has the ability to meet the requirements of the law and the unique needs of the individual case.

(3) The court shall also:

(a) Consider the wishes expressed by an incapacitated person as to who shall be appointed guardian.

(b) Consider the preference of a minor who is age 14 or over as to who should be appointed guardian.

(d) Consider the wishes of the ward’s next of kin, when the ward cannot express a preference.

(e) Inquire into and consider potential disqualifications under s. 744.309 and potential conflicts of interest under s. 744.446.

(4) Except when a standby guardian or a preneed guardian is appointed by the court:

(a) In each case when a court appoints a professional guardian and does not use a rotation system for such appointment, the court must make specific findings of fact stating why the person was selected as guardian in the particular matter involved. The findings must reference each of the factors listed in subsections (2) and (3).

(b) An emergency temporary guardian who is a professional guardian may not be appointed as the permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person or the ward requests that the professional guardian be appointed as permanent guardian. The court may waive the limitations of this paragraph if the special requirements of the guardianship demand that the court appoint a guardian because he or she has special talent or specific prior experience. The court must make specific findings of fact that justify waiving the limitations of this paragraph.

(5) The court may not give preference to the appointment of a person under subsection (2) based solely on the fact that such person was appointed by the court to serve as an emergency temporary guardian.

History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 1, ch. 77-174; s. 5, ch. 79-221; s. 27, ch. 89-96; s. 15, ch. 90-271; s. 9, ch. 2015-83; s. 1, ch. 2020-35.

Note.—Created from former s. 744.35.

F.S. 744.312 on Google Scholar

F.S. 744.312 on Casetext

Amendments to 744.312

Arrestable Offenses / Crimes under Fla. Stat. 744.312

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.312.

Annotations, Discussions, Cases:

Cases Citing Statute 744.312

Total Results: 20

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

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

Snippet: . Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian

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

Court: Fla. | Date Filed: 2020-12-30T23:53:00-08:00

Snippet: . Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Snippet: Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian

MICHAEL C. LYUBLANOVITS v. IN RE: GUARDIANSHIP OF DONALD H. JONES

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-06T00:53:00-07:00

Snippet: to appoint a guardian. See § 744.312(4)(b). Specifically, section 744.312(4)(b) provides as follows: …remain as plenary guardian pursuant to section 744.312, Florida Statutes (2016), we affirm. … Mr. Lyublanovits argues that section 744.312 prohibits the appointment of Ms. Zebny because…prior experience" as required by section 744.312, it was error for the trial court to have appointed…2009) (same). Generally, section 744.312 provides that a trial court may appoint "any

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Fla. | Date Filed: 2016-09-15T00:00:00-07:00

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

Snippet: lt;! 73 •+J CQ rS fe id r — f r — I CO £ § 744.312, Fla. Stat. Considerations in appointment of guardian

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Fla. | Date Filed: 2016-09-01T00:00:00-07:00

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

Snippet: Stat. Advance directives for health care. *851§ 744.312, Fla. Stat. Considerations in appointment of guardian

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: . First, the court was required, under section 744.312(3)(a) and (c), Florida Statutes (2012), to consider…to the appointment under sections 744.102(16), 744.312(4), and 744.3045(4), Florida Statutes (2012). Third…preference to her as the ward’s wife, under section 744.312(2)(a), Florida Statutes (2012). Finally, appointing…appellant as *398the ward’s wife under section 744.312(2)(a) because she “and the Ward failed to seek …appellant is qualified to serve. In addition, section 744.312(4), Florida Statutes (2012), provides, “If the

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: contrary to the best interests of the ward. § 744.312(4), Fla. Stat. (2010) (emphasis supplied). Here…believed was in Linda’s best interest. Had section 744.312(4) been written to say that trial courts could …how the statutory standard at issue in section 744.312(4) (i.e., “is contrary to the best interests”) …ward’s “best interest,”5 the standard in section 744.312(4) is best understood as creating a hurdle to show…preneed guardian, the plain reading of section 744.312(4) requires an approach that gives greater deference

Morris v. Knight

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

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

Snippet: contrary to the best interests of the ward. § 744.312, Fla. Stat. (2004). Under this statute, "a

Killinger v. Guardianship of Grable

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-25T00:00:00-07:00

Citation: 983 So. 2d 30, 2008 Fla. App. LEXIS 5918, 2008 WL 1827520

Snippet: the event of incapacity. According to section 744.312(4), Florida Statutes (2006), the ward’s pre-need

In Re Guardianship of Stephens

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-28T00:53:00-07:00

Citation: 965 So. 2d 847

Snippet: issued his Report and Recommendation. *849 Section 744.312(1), Florida Statutes (2006), styled "Considerations…the ward or not." (Emphasis added.) Section 744.312(2) adds: The court shall give preference to the…appointing a guardian, they are not controlling. § 744.312(3)(a); Ahlman v. Wolf, 413 So.2d 787, 788 (Fla.…son's argument, holding that while section 744.312(2)(a) gave the next of kin first consideration,… the ward or not.'" (quoting section 744.312(1), Fla. Stat. (1981))). The best interests of

Miller v. Goodell

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

Citation: 958 So. 2d 952

Snippet: court also considered the application of section 744.312(4), Florida Statutes (2005), which provides: If

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-02-01T00:00:00-08:00

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

Snippet: section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:…may be appointed guardian of a resident ward. § 744.312, Fla. Stat. Considerations in appointment of guardian

Harrell v. Hahn

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-19T00:00:00-07:00

Citation: 929 So. 2d 675, 2006 Fla. App. LEXIS 7864, 2006 WL 1359378

Snippet: the trial court in its application of section 744.312, Florida Statutes (2004). We likewise find that

Wilson v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-22T23:53:00-08:00

Citation: 917 So. 2d 312

Snippet: incapacitated due to Alzheimer's disease. Section 744.312(2) and (3), Florida Statutes (2004), sets forth

Blankfeld v. Richmond Health Care, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-25T00:00:00-07:00

Citation: 902 So. 2d 296

Snippet: appointment of a temporary guardian."); and § 744.312(1), Fla. Stat. (2004) ("the court may appoint

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

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

Treloar v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-17T00:00:00-07:00

Citation: 791 So. 2d 1195

Snippet: PLEUS, JJ., concur. NOTES [1] Section 744.312 provides: 744.312.Considerations in appointment of guardian… the trial court in its application of section 744.312, Florida Statutes (2000).[1] *1197 "While …of kin are given first consideration by section 744.312(2)(a), the statute does not mandatorily require… contrary to the best interests of the ward. § 744.312, Fla. Stat. (2000). 5D00-2709 District

Poteat v. Guardianship of Poteat

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-11T00:53:00-07:00

Citation: 771 So. 2d 569

Snippet: she was the most qualified person under section 744.312, Florida Statutes, which sets forth factors which…should consider when appointing a guardian. Section 744.312(2) provides in part: (2) The court shall give preference

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2000-09-28T00:00:00-07:00

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