The 2024 Florida Statutes
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. . . incapacitated person's attending or family physician, if known; (f) State which rights enumerated in s. 744.3215 . . .
. . . While section 744.3215(1)(l) of the Florida Statutes (2018) does give the ward a right to counsel, the . . . (citing section 744.3215(3)(a), which provides that "[r]ights that may be removed from a person by an . . .
. . . must determine the alleged incapacitated person's ability to exercise those rights specified in s. 744.3215 . . .
. . . Smith , 224 So.3d 740, 747 (Fla. 2017) (In the context of section 744.3215(2)(a), "the right to marry . . .
. . . Under the plain and reasonable meaning of section 744.3215(2)(a), Florida Statutes, an incapacitated . . . Specifically, section 744.3215(2)(a) provides the following: (2) Rights that may be removed from a person . . . Consistent with section 744.3215(2)(a), the trial court issued the following order when removing Smith . . . See majority op. at 747 (“In the context of section 744.3215(2)(a), ‘the right to marry is subject to . . . To summarize, the plain meaning of section 744.3215(2)(a) requires an incapacitated person, who has had . . . The right to marry falls within the latter category, under section 744.3215(2)(a), which provides: (2 . . . Judge Warner disagreed with the majority’s interpretation of section 744.3215(2)(a). . . . The certified question asks whether the failure to obtain court approval pursuant to section 744.3215 . . . Plain Language of Section 744.3215(2)(a) The plain language of section 744.3215(2)(a) reflects that the . . . This provision tracks the language in section 744.3215(2)(a). . . . .
. . . Section 744.3215(2), Florida Statutes (2013), which requires court approval of a marriage of a ward, . . . following question: Where the fundamental right to marry has not been removed from a ward under section 744.3215 . . .
. . . Section 744.3215 of the Florida Statutes outlines the rights which a person determined incapacitated . . . retains and those which may be removed. § 744.3215, Fla. . . . The order appointing the plenary guardian mirrored section 744.3215(2)(a). . . . In construing section 744.3215(2)(a)’s limitations on a ward’s right to marry, we must give the statute . . . Based on the foregoing, the court’s interpretation of section 744.3215(2)(a) was correct: at the time . . . I write only to add that even if section 744.3215(2)(a), Florida Statutes (2013), was read to allow court . . . had been substituted as the petitioning party, moved for summary judgment on the ground that section 744.3215 . . . Section 744.3215(2)(a), Florida Statutes (2013), does provide that where the right to contract has been . . .
. . . Pursuant to subsections 744.3215(2)(c) and (3)(c) and (f), Florida Statutes (2003), Mr. . . .
. . . Each member agreed that Ana Maria is incapacitated, see § 744.3215(2), (3), Fla. . . .
. . . See § 744.3215(3)(e), Fla. Stat. (2012). . . .
. . . . § 744.3215(2), (3). . . . .
. . . must determine the alleged incapacitated person’s ability to exercise those rights specified in s. 744.3215 . . .
. . . . § 744.3215(1)(£), Fla. Stat. (2011); see also In re Beverly, 342 So.2d 481, 489 (Fla. 1977). . . . . § 744.3215(4)(a), Fla. Stat. (2011). . . .
. . . . § 744.3215, Fla. Stat. Rights of persons determined incapacitated. § 744.441, Fla. Stat. . . . Capacity; appointment of guardian advocate. § 744.3215(4), Fla. Stat. . . .
. . . . § 744.3215, Fla. Stat. Rights of persons determined incapacitated. § 744.441, Fla. Stat. . . .
. . . Section 744.3215(3)(b), Florida Statutes, provides that the right “to sue and defend lawsuits ... may . . . Stat. § 744.3215(3)(b) (2006). . . .
. . . . § 744.3215, Fla. Stat. Rights of persons determined incapacitated. § 744.441, Fla. Stat. . . .
. . . Counsel for [the Grandmother] also asserts that the [W]ard, pursuant to § 744.3215(l)(m), Fla. . . . Although there is no case law construing the statute, section 744.3215(l)(m) suggests that the discretion . . .
. . . those rights may include: (1) At least in some instances, to apply for government benefits, section 744.3215 . . . (3)(c); (2) To determine the ward’s residence, section 744.3215(3)(e); (3) To consent to medical and . . . mental health treatment on behalf of the ward, section 744.3215(3)(f); and (4) To make decisions about . . . the ward’s social environment or other social aspects of his or her life, section 744.3215(3)(g). . . .
. . . Section 744.3215(4), Florida Statutes, states in pertinent part: Without first obtaining specific authority . . . part: Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215 . . . . § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla. Stat. (2003). . § 744.107, Fla. . . .
. . . Statutory References § 744.3215, Fla,' Stat. . . .
. . . .” § 744.3215(3)(a)-(g), Fla. Stat. (2001). . . .
. . . See § 744.3215(l)(b), (c), Fla. Stat. (2000). . . .
. . . See §§ 744.3215(4)(c) & 744.3725, Fla. Stat. (1997). See also Vaughan v. . . .
. . . The appellant Norma Vaughan contends that section 61.052 and section 744.3215, when read together, are . . . guardian’s right to initiate dissolution proceedings on behalf of his ward is supported by section 744.3215 . . . (4)(c) of the guardianship statutes: 744.3215 Rights of persons determined incapacitated.— (4) Without . . . from section 61.052 that the guardian’s authority to initiate the dissolution is derived, not section 744.3215 . . .
. . . Section 744.3215, Florida Statutes (1991), provides in subsection (3): (3) Rights that may be removed . . .
. . . Statutory References § 744.3215(4), Fla.Stat. . . .
. . . incapable of fully exercising his rights to manage his property and to consent to medical treatment, §§ 744.3215 . . . not disputed that he was fully capable of exercising each of the other rights referred to in sections 744.3215 . . . See § 744.3215(2), (3), Fla.Stat. (1991). Attached to the report were two addendums from Dr. . . .
. . . Section 744.3215(1)(Z) does give Mary the right to counsel. . . . See §§ 744.3215(3)(a), 744.464(2)(e), Fla. Stat. (1989). . . .
. . . Glatthar concedes that under section 744.3215(l)(o), Florida Statutes (1991) an incapacitated person . . .
. . . . § 744.3215(2)(b), Fla.Stat. (Supp. 1990). . . . to marry, to personally apply for government benefits, to travel, or to seek or retain employment. § 744.3215 . . . to consent to medical treatment, and the right to make decisions about social matters in general. § 744.3215 . . .
. . . person’s attending or family physician, if known; (4)(5) state which of-the rights enumerated in F.S, 744.3215 . . . Statutory References § 744.3215, Fla.Stat. . . .
. . . finally Shutts & Bowen take the position they have a statutory legal right pursuant to Florida Statute 744.3215 . . . The issue confronting this court is interpreting the statutory provision contained in F.S. 744.3215(1 . . .
. . . Furthermore, section 744.3215(4)(e), Florida Statutes (1989), provides that without first obtaining specific . . . before the court may grant authority to a guardian to exercise any of the rights specified in section 744.3215 . . . Since there are Florida statutes (sections 390.001(4), 744.331, 744.3215(4)(e), and 744.3725) which apply . . . See section 744.3215(4), Fla.Stat. (1989). . . .
. . . knowledge of such facts through personal observation; (4) state which of the rights enumerated in F.S. 744.3215 . . .