The 2024 Florida Statutes
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. . . to determine incapacity of his father, Milton Wallace ("Milton"), pursuant to sections 744.3201 and 744.331 . . . "must have knowledge of the type of incapacity alleged in the petition." § 744.331(3)(a). . . . Further, section 744.331(3)(e) provides that each member of the examining committee "must have access . . . to, and may consider," previous examinations of the AIP. § 744.331(3)(e). . . . Thus, based on the procedures set forth in section 744.331, contrary to Mark's concern, each member of . . . neurology, psychology, psychiatry, gerontology, nursing, or social work appointed pursuant to section 744.331 . . . with an attending or family physician identified in the petition, if "available for consultation." § 744.331 . . . prohibited by section 744.3201 or Florida Probate Rule 5.550 regarding the petition, nor by section 744.331 . . .
. . . Section 744.331(3)(a), Florida Statutes (2017), governing the composition of examining committees provides . . . ignores other subsections of section 744.331(3). . . . For example, section 744.331(3)(c) provides that: (c) Each person appointed to an examining committee . . . Likewise, the majority ignores section 744.331(3)(d), which provides that: (d) A member of an examining . . . I find section 744.331(3)(f) ambiguous. . . . guardianship court issued an order appointing a three-member examining committee pursuant to section 744.331 . . . The relevant statute is section 744.331, Florida Statutes (2017). . . . The statute requires that each member of the examining committee examine the prospective ward. § 744.331 . . . Id. at § 744.331(3)(f). . . . We find that the plain language of section 744.331 requires, at a minimum: (1) An examination by each . . .
. . . notice to the alleged incapacitated person after a petition to determine incapacity is filed, section 744.331 . . . THE EXAMINING COMMITTEE REQUIREMENTS As with the notice provisions already addressed, section 744.331 . . . Because the examining committee reports are all untimely, the procedural requirements of § 744.331 of . . . Valdes, as the court appointed Elisor, failed to comply with section 744.331(1), Florida Probate Rule . . . Nearly every provision ,in section 744.331 contains mandatory language. . . . unusual record, M.S.’s reliance on strict adherence to the time and notice requirements in section 744.331 . . . Although In re Fey holds that “compliance with section 744.331 and rule 5.550 is mandatory,” 624 So.2d . . . These were the flagrant departures, from the mandatory requirements of section 744.331 in Borden. . . . single examining committee report was filed a single day after the 15-day- period allowed in section 744.331 . . . opinion — a broadly-written statement in Borden that “[cjompliance with the requirements of section 744.331 . . .
. . . The proposed amendments are in response to changes to sections 744.331 and 744.367, Florida Statutes . . . add new subdivisions (e) (Reports) and (f) (Adjudicatory Hearing) to address changes made to sections 744.331 . . . (3)(e), (3)(h), and (5)(a), Florida Statutes (2016), and the creation of new section 744.331(3)(i), Florida . . . See § 744.331(3)(e), (3)(h), & (3)(i), Fla. Stat. (2017). . . . See § 744.331(5)(a), Fla. Stat. (2017). . . .
. . . See § 744.331, Fla. Stat. (2016). . . . Id.; § 744.331(6), Fla. Stat. . . . specified in [section] 744.3215,” and each member must submit a written report with his or her findings. § 744.331 . . . partial or total incapacity of the person must be established by clear and convincing evidence.” § 744.331 . . .
. . . for filing and the trial court is directed to hold proceedings on the motion consistent with section 744.331 . . .
. . . costs, including costs and attorney fees for the guardian’s attorney, an attorney appointed under s. 744.331 . . .
. . . Upon a determination of incapacity in accord with section 744.331, the trial court may appoint a plenary . . . The court observed that there is a gap in section 744.331(7) in that it provides that fees and costs . . . Chlipala was appointed by the trial court pursuant to section 744.331 and that his entitlement to fees . . . and costs must arise, if at all, exclusively from section 744.331(7)—a statute under which Mr. . . . Chlipala sought fees under section 744.331(7), . Mr. . . .
. . . . § 744.331, Fla, Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. . . .
. . . Pursuant to section 744.331, the trial court appointed a three-person examining committee to assist the . . . we briefly examine the relevant provisions of the two statutes implicated in this case: (i) section 744.331 . . . appoint a three-person examining committee to determine initially a person’s alleged incapacity. § 744.331 . . . (emphasis added) At any time after a ward is declared incapacitated pursuant to section 744.331, any . . . In fact, section 744.464(2) neither incorporates section 744.331’s examination requirements, nor contains . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Advance directives for health care. § 744.3201, Fla, Stat, Petition to determine incapacity. § 744.331 . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .
. . . Cram-er continued to be represented by Hennessy, which violated section 744.331(2)(c), Florida Statutes . . .
. . . See § 744.331(1)-(3), Fla. Stat. (2014). . . . See § 744.331(4), Fla. Stat. (2012). . . . Section 744.331, Florida Statutes (2012), provides that when a petition to determine incapacity is filed . . . to examine the alleged incapacitated person, all of whom are to file their reports with the court. § 744.331 . . . Id. § 744.331(5)(a). . . . Id. § 744.331(4). . . .
. . . Rogers, 147 So.3d 549, 550 (Fla. 4th DCA 2014) (citing §§ 744.102(14), 744.331(1), 744.3371(1), Fla. . . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . .
. . . re Fey, 624 So.2d 770, 772 (Fla. 4th DCA 1993) (holding compliance with the requirements of section 744.331 . . . This action was commenced under section 744.331, Florida Statutes (2009), entitled “[procedures to determine . . . If there is an alternative to guardianship, the court is prohibited from appointing a guardian. § 744.331 . . .
. . . The court also relied on section 744.331(2)(c), Florida Statutes, which precludes an attorney for the . . . determine incapacity, the court must appoint an attorney to represent the alleged incapacitated person. § 744.331 . . . incapacitated person or as counsel for the guardian of the alleged incapacitated person or the petitioner.” § 744.331 . . .
. . . Subsequently, under section 744.331(2)(b), Florida Statutes (2013), the trial court appointed Michael . . . Kouskoutis each petitioned the court for attorney’s fees under section 744.331. . . . “Because sections 744.108 and 744.331 do not contemplate the payment of fees and costs from an alleged . . . See § 744.331(7)(c). . . . However, although section 744.331(7) pertains to the payment of fees to both examining committees and . . .
. . . safely handle and discharge the firearm; (i) Has not been adjudicated an incapacitated person under s. 744.331 . . .
. . . appointed a three-member examining committee to determine Ana Maria’s capacity as specified in section 744.331 . . . See § 744.331(2)(a), Fla. Stat. (2013). . . .
. . . . § 744.331(1), Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . .
. . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . .
. . . See §§ 744.102(14), 744.331(1), 744.3371(1), Fla. Stat. (2012). . . .
. . . with the statutory procedures providing for examinations by committee members set forth in section 744.331 . . . Attorney McKinney argued that section 744.331(3) did not prohibit the Ward’s attorney from contacting . . . But section 744.331 does not specifically prohibit the Ward’s attorney from contacting an examining committee . . .
. . . Klatthaar pursuant to section 744.331(2)(b), Florida Statutes (2011), and an order appointing a three-member . . . examining committee pursuant to section 744.331(3)(a). . . . Because sections 744.108 and 744.331 do not contemplate the payment of fees and costs from an alleged . . . Section 744.331, Procedures to Determine Incapacity Section 744.331(7)(a) entitles the examining committee . . . See § 744.331(7)(c). . . .
. . . sought to be appointed guardian—may warrant an attorney’s fee award against the wife under section 744.331 . . . The wife alleged that her husband “is incapacitated according to the provisions of F.S. 744.331,” and . . . Section 744.331(7), entitled “Fees,” first directs the court to award reasonable fees to the examining . . . committee and any court-appointed attorney in a procedure to determine incapacity. § 744.331(7)(a), . . . Section 744.331(7)(c) addresses bad faith at the point of the filing of the petition. . . . .
. . . . § 744.331(6)®.” . . . Section 744.331, Florida Statutes (2010), sets forth the procedure for determining incapacity and for . . . authority granted by a durable power of attorney is to remain exercisable by the attorney in fact. § 744.331 . . . Searle’s interests and welfare, the trial court complied with the plain language of section 744.331(6 . . . There is nothing in section 744.331(6)(f) that invalidates the challenged documents. . . .
. . . . § 744.331(2)(b), Fla. . . . . § 744.331(2)(a), Fla. Stat. (2012). . . . This court noted that section 744.331(2)(a) requires a trial court to appoint counsel for a ward when . . .
. . . review because it merely determined that Appellee is entitled to attorney’s fees pursuant to section 744.331 . . .
. . . . § 744.331(2)(b), Fla. . . . . § 744.331(2)(a), Fla. Stat. (2012). . . .
. . . ninety days to permit the trial court judge to make the requisite findings of fact pursuant to section 744.331 . . .
. . . Pursuant to the guardianship statute, section 744.331, Florida Statutes (2011), an examining committee . . . Section 744.331, Florida Statutes, governs the procedure for determining incapacity. . . . Section 744.331(3)(e), Florida Statutes (2011), provides: Each member of the examining committee shall . . . Section 744.331(3)(f), Florida Statutes (2011), provides: The examination of the alleged incapacitated . . . See § 744.331(3)(g), Fla. Stat. (2011). . . .
. . . As is required under section 744.331(2)(a), Florida Statutes (2008), the court appointed an attorney, . . . guardianship could not be dismissed before receiving the report of the examining committee: Section 744.331 . . . Compliance with the requirements of section 744.331 is mandatory and the trial court’s failure to adhere . . . See § 744.331(4), Fla. . . . retained by the ward from participating in the incapacity proceedings even though, pursuant to section 744.331 . . .
. . . . § 744.331(4), Fla. Stat. (2010). We agree and grant the petition. . . . The AIP has repeatedly sought dismissal of the guardianship proceedings based on section 744.331(4), . . . In his petition, the AIP argues that section 744.331(4) requires the trial court to dismiss the petition . . . The AIP’s grandson, the petitioner in the guardianship proceedings, responds that if section 744.331( . . . We have held that section 744.331(4) should be strictly construed. . . .
. . . See § 744.331(5)(c), Fla. . . .
. . . See § 744.331(1), (2)(b), Fla. Stat. . . . See § 744.331(3), Fla. Stat. . . . . § 744.331(4), Fla. Stat.; see also Levine v. . . . Section 744.331 provides for the payment of the examining committee fees, as follows: (7) FEES.— (a) . . . The court noted that there was a “gap” in section 744.331(7) where a good faith petition is denied or . . .
. . . appeals from a non-final order finding entitlement to costs and attorney fees, pursuant to section 744.331 . . .
. . . See § 744.331, Fla. Stat. (2009); § 744.342, Fla. Stat. (2009). . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .
. . . .” § 744.331(5)(a), Fla. Stat. (2008). . . .
. . . 2008), provides: Whenever a person is adjudicated mentally or physically incapacitated pursuant to s. 744.331 . . . Section 744.331, Florida Statutes (2008), provides the procedures for determining incapacity under the . . . plainly provides that the court shall require a person adjudicated incompetent pursuant to section 744.331 . . . The state argues that the procedures for determining incompetency under sections 744.331 and 916.106 . . .
. . . See § 744.331(7)(c), Fla. . . .
. . . See § 744.331, Fla. Stat. (2008). After the examining committee members concluded that Mr. . . . Stimmel moved to dismiss the incapacity petition pursuant to section 744.331(4), which provides “[i]f . . . While section 744.331(7)(a) allows the trial court to award members of the examining committee reasonable . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Application for appointment. § 744.331(1), Fla. Stat. . . .
. . . See § 744.331(7), Fla. Stat. (2007). Reversed. WARNER and POLEN, JJ., concur. . . . . .” § 744.331(7)(a), Fla. Stat. (1995). . . .
. . . Luke Graham argues in response that this court should interpret section 744.331(6)(b), Florida Statutes . . . trial court erred in doing so without sufficient evidence of Betty’s incapacity pursuant to section 744.331 . . . partial or total incapacity of the person must be established by clear and convincing evidence.” § 744.331 . . . Further, section 744.331(5)(a), Florida Statutes (2007), states: Upon appointment of the examining committee . . . The court found that although the report of the examining committee established under section 744.331 . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .
. . . Although Section 744.331, Florida Statutes, describes a lengthy administrative procedure for a determination . . . Stat. § 744.331 (2006); McJunkin v. . . . Finally, Section 744.331(6), Florida Statutes, permits a court to determine a person’s incapacity only . . . Stat. § 744.331(6) (2006); Poteat v. . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Considerations in appointment of guardian. § 744.331, Fla. Stat. . . . Application for appointment. § 744.331(1), Fla. Stat. . . .
. . . For example, a petition to determine incapacity under section 744.331, Florida Statutes (2006), requires . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .
. . . .” § 744.331(1), Fla. . . .
. . . In response to Belford’s petition, the court initiated proceedings pursuant to section 744.331, Florida . . . guardian of the minor without the necessity to adjudicate the minor incompetent as set forth in section 744.331 . . .
. . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Considerations in appointment of guardian. § 744.331, Fla. Stat. . . . Application for appointment. § 744.331(1), Fla. Stat. . . . Rights of persons determined incapacitated. § 744.331, Fla. Stat. . . .
. . . .” § 744.331(6X0, Fla. Stat. (2001). . . .
. . . dismissal of the action without the benefit of the examining committee’s report, a requirement of section 744.331 . . . Section 744.331 contemplates that once a facially sufficient petition to determine incapacity has been . . . Compliance with the requirements of section 744.331 is mandatory and the trial court’s failure to adhere . . .
. . . Section 744.331 requires that each member of the examining committee examine the alleged incapacitated . . .
. . . . § 744.331. . . . Stat. § 744.331(5)(e). . . .
. . . . § 744.331(6), Fla. Stat. (1999). . . .
. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331 . . . Considerations in appointment of guardian. § 744.331, Fla. Stat. . . .
. . . appointment of Bur-chett, Holmes filed a written notice of substitution of counsel pursuant to section 744.331 . . . incapacitated person may substitute her or his own attorney for the attorney appointed by the court.” § 744.331 . . . In re Fey, 624 So.2d 770, 772 (Fla. 4th DCA 1993) (holding compliance with requirements of section 744.331 . . .
. . . Pursuant to section 744.331(3), Florida Statutes (1997), the trial court appointed the appropriate examining . . . In support of this argument, Mathes cites section 744.331(4) which reads, “If the examining committee . . . Mathes argues that because Huelsman filed the petitions in bad faith, section 744.331(7) entitles her . . .
. . . Bass, challenges the constitutionality of section 744.331, Florida Statutes (1997), which allows Hillsborough . . .
. . . Rather than appointing an examining committee within five days pursuant to section 744.331(3)(a), Florida . . . filed a petition for a writ of mandamus to compel the circuit court to follow the dictates of section 744.331 . . . ) (additional authority may not be granted to guardian without a hearing as provided for in section 744.331 . . . that additional rights of the ward be removed, the entire procedure to determine incapacity (see F.S. 744.331 . . . trusting that the circuit court judge will appoint a three-member examining committee pursuant to section 744.331 . . .
. . . The petitioner argues that only an order of incapacity pursuant to section 744.331, Florida Statutes . . .
. . . . § 744.331, Fla.Stat. Procedures to determine incapacity. § 744.3371, Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331 . . . Considerations in appointment of guardian. § 744.331, Fla.Stat. . . .
. . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . . : (1) whether Buford Vaughan has been adjudged incapacitated according to the provisions of section 744.331 . . .
. . . circuit court issued an order appointing an examining committee of three persons pursuant to section 744.331 . . . Under section 744.331(6)(b), Florida Statutes (1993): [i]n any order declaring a person incapacitated . . .
. . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . .
. . . the Ward of her right to due process and equal protection of the laws and was violative of section 744.331 . . . Section 744.331(2)(a) provides: The court shall appoint an attorney for each person alleged to be incapacitated . . . should weigh prejudice to the Ward, if any, when reviewing an order appointing a guardian under section 744.331 . . . F.S. 744.331(1),” however, it does not comply with the rule. . . .
. . . Section 744.331(7)(c), Fla.Stat. (1991). REVERSED. . . .
. . . Petition to determine incapacity. 744.331(1) Adjudication of person mentally or physically- incompetent . . . Petition to determine incapacity. § 744.331(4), Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . Considerations in appointment of guardian. § 744.331, Fla.Stat. . . .
. . . See § 744.331(6), Fla. Stat. (1991). . . . First, the report of the examining committee established under section 744.331(3)(a), which did contain . . . appellant’s privacy and dignity, is unsupported by the clear and convincing evidence required by section 744.331 . . . The committee’s report was received in evidence pursuant to section 744.331(3)(c), Florida Statutes ( . . . was not held on the report within fourteen days after the filing of the report as required by section 744.331 . . .
. . . This order was entered at the conclusion of an adjudicatory hearing held pursuant to section 744.331( . . .
. . . . § 744.331(4), Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331 . . . Considerations in appointment of guardian. § 744.331, Fla.Stat. . . . Rights of persons determined incapacitated. § 744.331, Fla.Stat. . . .
. . . Section 744.331(3)(a), however, provides that a three-member examining committee must be appointed when . . . Since there are Florida statutes (sections 390.001(4), 744.331, 744.3215(4)(e), and 744.3725) which apply . . .
. . . The petition met all of the requirements of section 744.331, Florida Statutes (1985). . . .
. . . Bryan Jr., declared by the trial court to be incompetent to manage his property pursuant to section 744.331 . . . for a judicial inquiry into the mental or physical condition, or both, of the alleged incompetent. § 744.331 . . . statute provides no guidance regarding the proper standard for adjudication of incompetency under section 744.331 . . .
. . . F.S. 744.331(1) Adjudication of person mentally or physically incompetent; procedure. . . . F.S. 744.331(4) Adjudication of persons mentally or physically incompetent; procedure. . . . Committee Notes Rule History 1980 Revision: Implements 1979 amendments to F.S. 744.331. 1984 Revision . . . Statutory Reference F.S. 744.331 Adjudication of persons mentally or physically incompetent; procedure . . .
. . . F.S. 744.331(1) Adjudication of person mentally or physically incompetent; procedure. . . . F.S. 744.331(4) Adjudication of persons mentally or physically incompetent; procedure. . . . CHANGE RECOMMENDED] Committee Notes Rule History 1980 Revision: Implements 1979 amendments to P.S. 744.331 . . . Statutory Reference P.S. 744.331 Adjudication of persons mentally or physically incompetent; procedure . . .
. . . record in this matter, stemming from a competency/guardianship proceeding conducted pursuant to section 744.331 . . . The filing of the judgment shall be notice of the incapacity. § 744.331(8), Fla.Stat. (1986). . . .
. . . We hold that the provisions of section 744.331(4), Florida Statutes (1985) are mandatory and require . . .
. . . invalidate a revocation would be similar to that required for an adjudication of incompetency under section 744.331 . . .
. . . . § 744.331, Fla. Stat. (1985). . . . .” § 744.331(9), Fla.Stat. (1985). . . .
. . . Committee Notes Rule History 1980 Revision: Implements 1979 amendments to FGL 744.331. 1984 Revision: . . . Statutory Reference F.S. 744.331 Adjudication of persons mentally or physically incompetent; procedure . . .
. . . Hand under Sections 744.331 and 744.-334. On April 28, 1981, the trial court adjudicated Mrs. . . .
. . . . § 744.331(9), Fla. Stat. (1983); In re Sepe, 421 So.2d 27 (Fla. 3d DCA 1982). . . . .
. . . Section 744.331(5)(a) states as follows: The judge shall appoint an examining committee consisting of . . . fatal defect nor even an irregularity, and that the statute (which was substantially similar to section 744.331 . . .
. . . the wish of this court that the trial court appoint to the examining committee required by section 744.331 . . .
. . . Section 744.331(9), Florida Statutes (1981), provides: “When a person is adjudicated mentally or physically . . . about its intent is set to rest when we note that the language of the predecessor statute, Section 744.331 . . . 744.344 makes the appointment discretionary, the conflict between the mandatory language of Section 744.331 . . . This is so because Section 744.331(9) in its present form was enacted in 1977, see Ch. 77-328 § 4, Laws . . . Sepe in accordance with the dictates of Section 744.331(9), Florida Statutes (1981). . . .
. . . Hand pursuant to Sec. 744.331, Fla.Stat. (1979). Since Mrs. . . .
. . . . § 744.331, Fla.Stat. . § 744.341, Fla.Stat. . . .
. . . Committee Notes: 1975 Revision: Implements FGL 744.331 and is substantially the same as subsection (3 . . . committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendments to FGL 744.331 . . .
. . . Implements FGL 744.331 and is substantially the same as subsection (3) and the first sentence in subsection . . . Implements FGL 744.331(4) and FGL 744.337 with editorial changes. RULE 5.590. . . .
. . . report of the examining committee and in not completing the hearing which was held pursuant to Section 744.331 . . .