Florida Statute 744.3215 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3215

744.3215 Rights of persons determined incapacitated.—

(1) A person who has been determined to be incapacitated retains the right:

(a) To have an annual review of the guardianship report and plan.

(b) To have continuing review of the need for restriction of his or her rights.

(d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.

(e) To have a qualified guardian.

(f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable.

(g) To be properly educated.

(h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property.

(i) To receive services and rehabilitation necessary to maximize the quality of life.

(j) To be free from discrimination because of his or her incapacity.

(k) To have access to the courts.

(l) To counsel.

(m) To receive visitors and communicate with others.

(n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.

(o) To privacy.

(2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right:

(a) To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval.

(b) To vote.

(d) To have a driver license.

(e) To travel.

(f) To seek or retain employment.

(3) Rights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right:

(a) To contract.

(b) To sue and defend lawsuits.

(d) To manage property or to make any gift or disposition of property.

(e) To determine his or her residence.

(f) To make health care decisions as defined in s. 765.101. If this right is removed from a person, then court approval for the withdrawal or withholding of life-prolonging procedures, as defined in s. 765.101, is required under s. 744.4431.

(g) To make decisions about his or her social environment or other social aspects of his or her life.

(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not:

(a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397.

(b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:

1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or

2. It is intended to assist the ward to develop or regain his or her abilities.

(d) Consent on behalf of the ward to termination of the ward’s parental rights.

(e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward.

History.—s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102; s. 10, ch. 2006-178; s. 5, ch. 2017-16; s. 2, ch. 2023-287.

F.S. 744.3215 on Google Scholar

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Amendments to 744.3215

Arrestable Offenses / Crimes under Fla. Stat. 744.3215

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3215.

Annotations, Discussions, Cases:

Cases Citing Statute 744.3215

Total Results: 20

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Court: Fla. | Date Filed: 2023-12-14T00:00:00-08:00

Snippet: § 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated…authority from the court, pursuant tounder sections 744.3215(4) and 744.3725, Florida Statutes, the guardian

TERRI FOSTER v. GUARDIANSHIP OF CAYMAN FOSTER

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-03T23:53:00-08:00

Snippet: wishes can be effectuated consistent with sections 744.3215 and 744.361(13), Florida Statutes (2016). We affirm

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Snippet: rights are being sought to be removed under section 744.3215, Florida Statutes? Indicate which rights that … The ward retains the rights listed in section 744.3215(a), Florida Statutes. 2. No alternative…not exercise any rights enumerated under section 744.3215(1), Florida Statutes. The guardian …not exercise any rights enumerated under section 744.3215(1), Florida Statutes. ORDERED on ....…authority from the court, pursuant to sections 744.3215(4) and 744.3725, Florida Statutes, the guardian

BETH ANN ELISA ERLANDSSON v. THE GUARDIANSHIP OF BETH ANN ELISA ERLANDSSON

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-06T00:53:00-07:00

Snippet: their daughter’s rights specified in sections 744.3215(2) and (3), Florida Statutes (2019), except for

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-26T00:00:00-07:00

Citation: 275 So. 3d 782

Snippet: known; (f) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-26T00:00:00-07:00

Citation: 275 So. 3d 782

Snippet: known; (f) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable

Jacobsen v. Busko

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-18T23:53:00-08:00

Snippet: hire him as the ward’s attorney. While section 744.3215(1)(l) of the Florida Statutes (2018) does give… the ward. Id. (citing section 744.3215(3)(a), which provides that “[r]ights that may

Cook v. Cook

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-28T00:00:00-08:00

Citation: 260 So. 3d 281

Snippet: ability to exercise those rights specified in s. 744.3215. In addition to the examination, each examining

Cook v. Cook

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-28T00:00:00-08:00

Citation: 260 So. 3d 281

Snippet: ability to exercise those rights specified in s. 744.3215. In addition to the examination, each examining

JAMES S COOK v. JOHN COOK and ROBERT COOK

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-20T00:53:00-07:00

Snippet: to exercise those rights specified in s. 744.3215. In addition to the examination, each examining

Sarfaty v. in Re: M.S.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-01T00:53:00-07:00

Snippet: to exercise those rights specified in s. 744.3215. . . . Each member of the examining committee

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. | Date Filed: 2017-08-31T00:00:00-07:00

Citation: 224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759

Snippet: Language of Section 744.3215(2)(a) The plain language of section 744.3215(2)(a) reflects that … BEEN REMOVED FROM A WARD UNDER SECTION 744.3215(2)(a), FLORIDA STATUTES, DOES THE STATUTE …right to contract has been removed under section 744.3215(2)(a), Florida Statutes (2016), the ward is not…rights. See § 744.331, Fla. Stat. (2016).1 Section 744.3215, Florida Statutes (2016), titled “Rights of persons…to exercise those rights specified in [section] 744.3215,” and each member must submit a written report

Sarfaty v. in Re: M.S.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-10T00:53:00-07:00

Snippet: to exercise those rights specified in s. 744.3215. . . . Each member of the examining committee

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-29T00:00:00-07:00

Citation: 195 So. 3d 416, 2016 Fla. App. LEXIS 9999

Snippet: Moore, 786 So.2d 521, 527 (Fla.2001). Section 744.3215(2), Florida Statutes (2013), which requires court…has not been removed from a ward under section 744.3215(2)(a), Florida Statutes, does the statute require

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-02T00:00:00-08:00

Citation: 199 So. 3d 911, 2016 Fla. App. LEXIS 3130

Snippet: plenary guardian mirrored section 744.3215(2)(a). In construing section 744.3215(2)(a)’s limitations on a ward…court’s order or the controlling statute. Section 744.3215 of the Florida Statutes outlines the rights which…incapacitated retains and those which may be removed. § 744.3215, Fla. Stat. (2013). With respect to marriage, …right to marry is subject to court approval. § 744.3215(2)(a), Fla. Stat. (2013). The order appointing…foregoing, the court’s interpretation of section 744.3215(2)(a) was correct: at the time the Ward -and Appellant

Lutheran Services Florida, Inc. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-25T00:00:00-08:00

Citation: 199 So. 3d 286, 2015 Fla. App. LEXIS 17914, 2015 WL 7566262

Snippet: of medically necessary. Pursuant to subsections 744.3215(2)(c) and (3)(c) and (f), Florida Statutes (2003

Legal Aid Society of Palm Beach County, Inc., Public Guardianship Program v. The Guardianship of Jennifer Jaffe and Ferd and Gladys Alpert Jewish Family & Children's Service

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-03T23:53:00-08:00

Snippet: which court approval must be obtained.1 See § 744.3215(4), Fla. Stat. (2015). The court may also request

Silveira v. Guardianship of Quiroga

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-28T00:00:00-08:00

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

Snippet: that Ana Maria is incapacitated, see § 744.3215(2), (3), Fla. *576 Stat. (2013),

Bivins v. Rogers

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-12T00:00:00-07:00

Citation: 147 So. 3d 549, 2014 WL 940659, 2014 Fla. App. LEXIS 3460

Snippet: guardian of the ward’s person and property. See § 744.3215(3)(e), Fla. Stat. (2012). A guardian must obtain

Guardianship of Rawl v. Rawl

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-07T00:00:00-08:00

Citation: 133 So. 3d 1179, 2014 WL 889050

Snippet: health treatment, and make social decisions. § 744.3215(2), (3). . In a plenary guardianship, the guardian