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

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

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

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: District Court of Appeal of Florida | Date Filed: 2018-04-06

Citation: 243 So. 3d 503

Snippet: remain as plenary guardian pursuant to section 744.312, Florida Statutes (2016), we affirm.

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: 744.312, Fla. Stat. Considerations in appointment of guardian

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

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: First, the court was required, under section 744.312(3)(a) and (c), Florida Statutes (2012), to consider

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: contrary to the best interests of the ward. § 744.312(4), Fla. Stat. (2010) (emphasis supplied). Here

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

Killinger v. Guardianship of Grable

Court: District Court of Appeal of Florida | Date Filed: 2008-04-25

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: District Court of Appeal of Florida | Date Filed: 2007-09-28

Citation: 965 So. 2d 847, 2007 WL 2811591

Snippet: issued his Report and Recommendation. *849 Section 744.312(1), Florida Statutes (2006), styled "Considerations

Miller v. Goodell

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

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

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: 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: section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:

Harrell v. Hahn

Court: District Court of Appeal of Florida | Date Filed: 2006-05-19

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: District Court of Appeal of Florida | Date Filed: 2005-12-23

Citation: 917 So. 2d 312, 2005 WL 3499495

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: District Court of Appeal of Florida | Date Filed: 2005-05-25

Citation: 902 So. 2d 296, 2005 WL 1226070

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

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: section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision:

Treloar v. Smith

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

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

Snippet: the trial court in its application of section 744.312, Florida Statutes (2000).[1] *1197 "While the next

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: she was the most qualified person under section 744.312, Florida Statutes, which sets forth factors which

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: section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision: