Florida Statutes

Fla. Stat. § 744.312 (2025)

Considerations in appointment of guardian.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 39 cases (4 in the last 5 years), 1981–2025 · leading case: Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005).

Sort: Relevance Newest Treatment

Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005). · cites it 2× “"); and § 744.312(1), Fla. Stat. (2004) ("the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not.”

In Re Guardianship of Stephens, 965 So. 2d 847 (Fla. 2d DCA 2007). · cites it 6× “*849 Section 744.312(1), Florida Statutes (2006), styled "Considerations in appointment of guardian," provides that "the court may appoint any person[ [3] ] who is fit and proper and qualified to act as guardian, whether related to the ward or not.”

Treloar v. Smith, 791 So. 2d 1195 (Fla. 5th DCA 2001). · cites it 6× “…guardian, unless the court determines that appointing such person is contrary to the best interests of the ward. § 744.312, Fla. Stat. (2000).”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 5× “§ 744.312, Fla. Stat. Considerations in appointment of guardian.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “§ 744.312, Fla. Stat. Considerations in appointment of guardian.”

Martinez v. Guardianship of Smith, 159 So. 3d 394 (Fla. 4th DCA 2015). · cites it 8× “Third, the court should give preference to her as the ward’s wife, under section 744.312(2)(a), Florida Statutes (2012).”

Morris v. Knight, 1 So. 3d 1236 (Fla. 4th DCA 2009). · cites it 2× “§ 744.312, Fla. Stat. (2004). Under this statute, “a person who is related by blood or marriage to the ward” does receive preference in appointment; however, the inquiry does not end there.”

Miller v. Goodell, 958 So. 2d 952 (Fla. 4th DCA 2007). · cites it 2× “In conjunction with finding the rebuttable presumption had been overcome, the trial court also considered the application of section 744.312(4), Florida Statutes (2005), which provides: If the person designated is qualified to serve pursuant to s.”

Poteat v. Guardianship of Poteat, 771 So. 2d 569 (Fla. 4th DCA 2000). · cites it 3× “The guardian also notes that she was the most qualified person under section 744.312, Florida Statutes, which sets forth factors which the court should consider when appointing a guardian.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 2× “302 and F.S. 744.312 by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering.”

Killinger v. Guardianship of Grable, 983 So. 2d 30 (Fla. 5th DCA 2008). · cites it 2× “According to section 744.312(4), Florida Statutes (2006), the ward’s pre-need guardian designee shall be appointed unless the court determines that appointing such person is contrary to the best interests of the ward.”

In Re Guardianship of Quindt, 396 So. 2d 1217 (Fla. 3d DCA 1981). · cites it 3× “We find, however, that the court did not abuse its discretion in making the appointment under the controlling terms of Section 744.312, Florida Statutes (1979).”

Show all 39 citing cases →

— 744.312(1) — 3 cases

Blankfeld v. Richmond Health Care, Inc., 902 So. 2d 296 (Fla. 4th DCA 2005). “"); and § 744.312(1), Fla. Stat. (2004) ("the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not.”

In Re Guardianship of Stephens, 965 So. 2d 847 (Fla. 2d DCA 2007). “*849 Section 744.312(1), Florida Statutes (2006), styled "Considerations in appointment of guardian," provides that "the court may appoint any person[ [3] ] who is fit and proper and qualified to act as guardian, whether related to the ward or not.”

Herskowitz v. Herskowitz, 393 So. 2d 45 (Fla. 3d DCA 1981).

— 744.312(2) — 5 cases

Wilson v. Robinson, 917 So. 2d 312 (Fla. 5th DCA 2005).

Poteat v. Guardianship of Poteat, 771 So. 2d 569 (Fla. 4th DCA 2000). “The guardian also notes that she was the most qualified person under section 744.312, Florida Statutes, which sets forth factors which the court should consider when appointing a guardian.”

McGathey v. Gore, Gore (Fla. 2d DCA 2024).

Michael C. Lyublanovits v. In Re: Guardianship of Donald H. Jones, 243 So. 3d 503 (Fla. 2d DCA 2018).

— 744.312(2)(a) — 6 cases

Martinez v. Guardianship of Smith, 159 So. 3d 394 (Fla. 4th DCA 2015). “Third, the court should give preference to her as the ward’s wife, under section 744.312(2)(a), Florida Statutes (2012).”

Treloar v. Smith, 791 So. 2d 1195 (Fla. 5th DCA 2001). “…guardian, unless the court determines that appointing such person is contrary to the best interests of the ward. § 744.312, Fla. Stat. (2000).”

In Re Guardianship of Quindt, 396 So. 2d 1217 (Fla. 3d DCA 1981). “We find, however, that the court did not abuse its discretion in making the appointment under the controlling terms of Section 744.312, Florida Statutes (1979).”

Thorpe v. Larsen, 396 So. 2d 1217 (Fla. 3d DCA 1981).

— 744.312(3) — 1 case

McGathey v. Gore, Gore (Fla. 2d DCA 2024).

— 744.312(3)(a) — 6 cases

Martinez v. Guardianship of Smith, 159 So. 3d 394 (Fla. 4th DCA 2015). “Third, the court should give preference to her as the ward’s wife, under section 744.312(2)(a), Florida Statutes (2012).”

Gallagher v. Comprehensive Pers. Care Servs., Inc., 742 So. 2d 268 (Fla. 3d DCA 1997).

Glatthar v. Hoequist, 600 So. 2d 1205 (Fla. 5th DCA 1992).

In Re Est. of Salley, 742 So. 2d 268 (Fla. 3d DCA 1997).

— 744.312(3)(e) — 1 case

Henriette LaFrance v. Guardian Advocacy of Jayden Emile (Fla. 4th DCA 2025).

— 744.312(4) — 4 cases

Miller v. Goodell, 958 So. 2d 952 (Fla. 4th DCA 2007). “In conjunction with finding the rebuttable presumption had been overcome, the trial court also considered the application of section 744.312(4), Florida Statutes (2005), which provides: If the person designated is qualified to serve pursuant to s.”

Killinger v. Guardianship of Grable, 983 So. 2d 30 (Fla. 5th DCA 2008). “According to section 744.312(4), Florida Statutes (2006), the ward’s pre-need guardian designee shall be appointed unless the court determines that appointing such person is contrary to the best interests of the ward.”

Martinez v. Guardianship of Smith, 159 So. 3d 394 (Fla. 4th DCA 2015). “Third, the court should give preference to her as the ward’s wife, under section 744.312(2)(a), Florida Statutes (2012).”

Koshenina v. Buvens, 130 So. 3d 276 (Fla. 1st DCA 2014).

— 744.312(4)(b) — 1 case

Michael C. Lyublanovits v. In Re: Guardianship of Donald H. Jones, 243 So. 3d 503 (Fla. 2d DCA 2018).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.