Annotations, Discussions, Cases:
Cases Citing Statute 744.331
Total Results: 104
Cited 27 times | Published | Supreme Court of Florida | 2006 WL 3228916
...uire that a person receive notice, the purpose of the provision is to inform the person of the proceeding and give the person an opportunity to participate in the proceeding if he or she chooses. For example, a petition to determine incapacity under section 744.331, Florida Statutes (2006), requires notice of the filing of the petition to be served on the incapacitated person, the attorney for the incapacitated person, and all next of kin identified in the petition....
Cited 14 times | Published | Florida 4th District Court of Appeal | 1993 WL 349921
...Appellant argues that the trial court's failure to appoint independent counsel at the onset of these proceedings to represent the Ward constituted error of constitutional proportion, because such failure deprived the Ward of her right to due process and equal protection of the laws and was violative of section 744.331(2)(a) and (b) (Supp. 1990). We agree. Section 744.331(2)(a) provides: The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity....
...objectives through providing, in each case, that form of assistance that least interferes with the legal capacity of a person to act in his own behalf. This act shall be liberally construed to accomplish this purpose. The clear language in sections 744.331(2)(a) and (b) requires that upon the filing of a petition alleging an individual to be incapacitated, it is incumbent upon the trial court to appoint an independent attorney to represent the alleged incapacitated person....
...Osborne at the commencement of the final hearing. It did so only on the attorney's statement that his firm had represented the Ward in the past on other matters. This occurred long past the pleadings and trial preparation stage. We hold that counsel's appointment violated section 744.331(2)(a)....
...evident representation of Vivian Curtis, despite Curtis's argument to the contrary. Vivian Curtis was the original petitioner seeking guardianship of the Ward's person. This was clearly improper under subsection (2)(b). We hold that compliance with section 744.331 and rule 5.550 is mandatory and that the trial court's failure to adhere to these requirements at bar constituted error of fundamental proportions. It follows that we are not persuaded by Vivian Curtis's contention that we should weigh prejudice to the Ward, if any, when reviewing an order appointing a guardian under section 744.331....
...appointment of counsel must be accomplished at the very onset of guardianship proceedings, as opposed to any time before final hearing. The notice filed at bar bears the title "Notice to Alleged Incapacitated Person and Order Fixing Hearing Date. F.S. 744.331(1)," however, it does not comply with the rule....
Cited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 1000051
...qualification before the trial court if she believes that a disqualifying conflict of interest exists. Finally, we turn to the propriety of the court's dismissal of the action without the benefit of the examining committee's report, a requirement of section 744.331(3), Florida Statutes (2000). Section 744.331 contemplates that once a *609 facially sufficient petition to determine incapacity has been filed, the court must ensure that the alleged incapacitated person has an attorney, that an appropriately qualified examining committee promptly examines the person, and that an adjudicatory hearing be set no more than fourteen days after the filing of the report of the examining committee, unless good cause is shown to extend that time. Compliance with the requirements of section 744.331 is mandatory and the trial court's failure to adhere to those requirements constitutes reversible error....
Cited 7 times | Published | Florida 5th District Court of Appeal
...ORFINGER and SHARP, JJ., concur. NOTES [1] Emily Miller, deceased, was living at the time of Simpson's death. [2] Eisenschenk v. Fowler,
82 So.2d 876 (Fla. 1965), and Forbes v. Burket,
181 So.2d 682 (Fla. 2d DCA 1966), after remand,
208 So.2d 670 (Fla. 2d DCA 1968). [3] §
744.331, Fla....
Cited 6 times | Published | Florida 3rd District Court of Appeal | 1992 WL 225514
...inety-four-year-old Louis LeWinter was incapable of fully exercising his rights to manage his property and to consent to medical treatment, §§
744.3215(3)(d), (f), Fla. Stat. (1991), and appointed a guardian to perform those functions for him. See §
744.331(6), Fla....
...LeWinter then lacked the capacity to perform the functions referred to in the order. [1] Neither of the grounds relied on for the contrary position by the appellee, which is ironically the guardianship of the appellant himself, supports its position. First, the report of the examining committee established under section 744.331(3)(a), which did contain such findings, but which was filed over six weeks before the hearing, [2] was rendered entirely valueless by the admitted fact that Mr....
...evidence, it is not empowered to create that evidence from the whole cloth. It is thus apparent that the order below, with its profound effect upon the appellant's privacy and dignity, is unsupported by the clear and convincing evidence required by section 744.331(6)....
...Sixty days later, on November 14, 1991, the consented-to temporary guardianship came to an end, and, accordingly, the court conducted a second hearing in the case so as to resolve the pending petition to determine incapacity. The committee's report was received in evidence pursuant to section 744.331(3)(c), Florida Statutes (1991), which provides that such report must be filed with the court and that such report "should be an essential element, but not necessarily the only element, used [by the court] in making a capacity and guar...
...ourt bases its entire decision. Nor am I impressed with Louis LeWinter's argument on appeal that the committee report was legally "stale" because a hearing was not held on the report within fourteen days after the filing of the report as required by section 744.331(5)(a), Florida Statutes (1991), "unless good cause is shown." "Good cause" was obviously shown in this case because, at a hearing held within days after the committee report was filed, both Louis LeWinter and his counsel expressly agr...
...NOTES [1] It is not disputed that he was fully capable of exercising each of the other rights referred to in sections
744.3215(2), (3), Fla. Stat. (1991). [2] It is unnecessary to pass upon the ward's alternative claim that reversal is required by the violation of the requirement of section
744.331(5)(a) that the adjudicatory hearing be set and held "no more than 14 days after the filing of the report ......
Cited 6 times | Published | Florida 5th District Court of Appeal | 19 Fla. L. Weekly Fed. D 2617
...rally: (a) The marriage is irretrievably broken. (b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years....
...We also note that in the event that a dissolution action is properly authorized by the guardianship court, the issues for resolution by the dissolution court would then be: (1) whether Buford Vaughan has been adjudged incapacitated according to the provisions of section 744.331 for a preceding period of at least three years; [1] and (2) the property rights of the respective parties....
Cited 6 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 41579, 2007 WL 1557477
Fla. Stat. §
744.3215(3)(b) (2006). Although Section
744.331, Florida Statutes, describes a lengthy administrative
Cited 5 times | Published | Supreme Court of Florida | 1989 WL 104496
...Larry Klein of Klein & Beranek, P.A., West Palm Beach, and Dingwall & Stanley, Fort Lauderdale, for petitioner. Gary S. Maisel of Patterson, Maloney & Gardiner, Fort Lauderdale, for respondents. KOGAN, Justice. John Winder Bryan Jr., declared by the trial court to be incompetent to manage his property pursuant to section 744.331, Florida Statutes (1987), petitions this Court to review the opinion of the Fourth District Court of Appeal affirming that order....
...ssipate or lose his property or inflict harm on himself or others, a verified petition may be filed where the alleged incompetent resides or is found, for a judicial inquiry into the mental or physical condition, or both, of the alleged incompetent. § 744.331, Fla. Stat. (1987). It is clear the statute provides no guidance regarding the proper standard for adjudication of incompetency under section 744.331....
Cited 5 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 11670, 2012 WL 2912950
delegable rights of the ward. As is required under section
744.331(2)(a), Florida Statutes (2008), the court appointed
Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...Personal representative's right to sell real property. §
733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
744.106, Fla. Stat. Notice and virtual representation. §
744.331(4), Fla....
...be served on counsel for the alleged incapacitated person, and upon on all next of kin, wherever they are. The petition to determine incapacity must be served with the notice. Committee Notes Rule History 1980 Revision: Implements 1979 amendments to section 744.331, Florida Statutes....
...The committee concluded that, procedurally, notice upon the alleged incapacitated person should occur in the same manner as formal notice in rule 5.040, but the required response under that rule should not be imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections
744.3201 and
744.331, Florida Statutes, and 1990 technical amendments. Statutory References §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
...ot be known at the time of filing the petition for the appointment since petition for appointment will henceforth be filed contemporaneously with the petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections
744.334 and
744.331(1), Florida Statutes, and 1990 technical amendments. Subdivision (c)(1) deleted because FPR 5.555(d) addresses service on parents. Statutory References §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.312, Fla. Stat. Considerations in appointment of guardian. §
744.331, Fla....
...1991 Revision: Changes to conform to 1989 and 1990 revisions to guardianship law. Adds additional documents to be signed by the guardian. Statutory references added. Statutory References §
744.3215, Fla. Stat. Rights of persons determined incapacitated. §
744.331, Fla....
Cited 5 times | Published | Florida 3rd District Court of Appeal
...t. City of Hialeah v. Martinez,
402 So.2d 602, 603, n. 4 (Fla. 3d DCA), pet. for review denied,
411 So.2d 380 (Fla. 1981). [3] It is required that a guardian of the person be appointed when a person is adjudicated mentally or physically incompetent. §
744.331(9), Fla....
Cited 4 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817
...d to acknowledge even the most basic distinction between voluntary and involuntary guardianships. The most basic distinction, of course, involves the competency of the ward. While an involuntary guardianship requires an adjudication of incompetency, section 744.331, Florida Statutes (1985), the voluntary scheme requires an affirmative finding of competency....
...p. In the involuntary guardianship, predicated upon an adjudication of incompetency rendering the ward presumably "incapable of managing his own affairs or of making any gift, contract, or instrument in writing that is binding on him or his estate," section 744.331(8), the guardian "shall take possession of all of the ward's property ..." § 744.377(3)....
...ocess of the appointment of the guardian. In an involuntary guardianship, the ward has to first be adjudicated incompetent after a formal hearing and an examination of the ward by a committee of one responsible citizen and two practicing physicians. § 744.331, Fla. Stat. (1985). "When a person is adjudicated mentally or physically incompetent, a guardian of the person shall be appointed, and a guardian of the property may be appointed." § 744.331(9), Fla....
Cited 4 times | Published | Florida 4th District Court of Appeal
...mpetent. Appellants are daughters of Mildred Bass Keene, the alleged incompetent. They contend the trial court erred in placing too much emphasis upon the report of the examining committee and in not completing the hearing which was held pursuant to Section 744.331(4), Florida Statutes (1975)....
Cited 4 times | Published | Florida 5th District Court of Appeal | 1990 WL 95444
...On March 18, 1986, Merrett filed a verified petition to determine the competency of her mother, Eunice Nagel, and to restrain Jacob Nagel (Eunice's husband) from removing Eunice from Florida and from disposing of Eunice's funds and properties. The petition met all of the requirements of section 744.331, Florida Statutes (1935)....
Cited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1114258
...the documents she was signing. The trial court appointed Burchett to represent Holmes in the incapacity and guardianship proceedings. [2] After the court's appointment of Burchett, Holmes filed a written notice of substitution of counsel pursuant to section 744.331(2)(a), Florida Statutes (1999). That statutory provision states, "[t]he alleged incapacitated person may substitute her or his own attorney for the attorney appointed by the court." § 744.331(2)(a)....
...Here, by failing to conduct an adjudicatory hearing before finding that Holmes did not have the capacity to contract and retain counsel of her choice, the trial court failed to establish Holmes' incapacity by due process of law. Cf. In re Fey,
624 So.2d 770, 772 (Fla. 4th DCA 1993) (holding compliance with requirements of section
744.331 to be mandatory and failure to adhere to those requirements constituted error of fundamental proportions)....
...ardian of Holmes. That order is not at issue in this proceeding. [3] Holmes and Persse also claim that Burchett cannot be appointed to serve as Holmes' counsel due to Burchett's representation of Lutheran Services Florida in other cases. Pursuant to section 744.331(2)(b), "any attorney representing the alleged incapacitated person may not serve ......
Cited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 1505082
...of Mrs. Poteat for the purpose of handling her affairs in the areas in which the court found her to be incapacitated. Mrs. Poteat appeals, arguing that the proof of her incapacity did not meet the statutory standard of clear and convincing evidence. § 744.331(6), Fla....
Cited 3 times | Published | Florida 3rd District Court of Appeal | 2011 WL 2500007, 2011 Fla. App. LEXIS 9593
entitlement to costs and attorney fees, pursuant to section
744.331(7)(c), Florida Statutes (2010). Because the
Cited 3 times | Published | Florida 4th District Court of Appeal
...3, shall be implemented. If such petition is filed, distribution, other than for support, shall not be made until ultimate disposition of that petition. It is the wish of this court that the trial court appoint to the examining committee required by section 744.331, Florida Statutes (1981), persons who have not testified for either party in either of these proceedings to assist in such determination, if it is medically feasible to do so....
Cited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 15063, 2010 WL 3909644
appoint a guardian of the property for a minor. See §
744.331, Fla. Stat. (2009); §
744.342, Fla. Stat. (2009)
Cited 2 times | Published | Florida 3rd District Court of Appeal | 2013 WL 1980504, 2013 Fla. App. LEXIS 7817
the requisite findings of fact pursuant to section
744.331(6)(c), Florida Statutes (2012),1 and directing
Cited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2512375
...ome of the competency determination, we agree with appellant that the procedural statute for determining incapacity does not make the potential ward responsible for examining committee fees where the guardianship petition is dismissed or denied. See § 744.331(7), Fla. Stat. (2007). [1] Reversed. WARNER and POLEN, JJ., concur. NOTES [1] We note that the subject statute formerly provided for examining committee fees to be paid from "the general fund of the county in which the petition was filed." § 744.331(7)(a), Fla....
Cited 2 times | Published | Florida 5th District Court of Appeal | 2004 WL 42619
...to be a "vulnerable adult" in need of protective services. Upon entry of the court's order, Emelia Belford, a professional guardian, [2] petitioned to be appointed plenary guardian for J.D.S. In response to Belford's petition, the court initiated proceedings pursuant to section 744.331, Florida Statutes, to determine the competence of J.D.S....
...It is important to note the difference between a guardian ad litem and a plenary guardian appointed pursuant to Chapter 744. Under section
744.3021, any person interested in the welfare of a minor may be appointed guardian of the minor without the necessity to adjudicate the minor incompetent as set forth in section
744.331....
Cited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 51382, 2014 Fla. App. LEXIS 126
McGarry to represent Ms. Klatthaar pursuant to section
744.331(2)(b), Florida Statutes (2011), and an order
Cited 2 times | Published | District Court of Appeal of Florida
financial affairs and make medical decisions. Id. §
744.331(3)(g)1.-6. By filing and litigating the petitions
Cited 2 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 11862, 1994 WL 679264
...In September 1993, the Judge of Compensation Claims referred Fuqua's case to the circuit court for a determination as to whether a guardian should be appointed to manage Fuqua's affairs. Thereafter, the circuit court issued an order appointing an examining committee of three persons pursuant to section 744.331, Florida Statutes....
...1989), and, therefore, we affirm the lower court's determination of total incapacity. We conclude, however, that the record does not reflect a consideration of any less restrictive alternatives than plenary guardianship, contrary to the requirements of Chapter 744. Under section 744.331(6)(b), Florida Statutes (1993): [i]n any order declaring a person incapacitated the court must find that alternatives to guardianship were considered and that no alternative to guardianship will sufficiently address the problems of the ward....
Cited 2 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702
court may remove some of his or her rights. See §
744.331, Fla. Stat. (2016).1 Section
744.3215, Florida
Cited 1 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 18965, 2012 WL 5347641
guardianship. Pursuant to the guardianship statute, section
744.331, Florida Statutes (2011), an examining committee
Cited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 5629770, 2013 Fla. App. LEXIS 16449
attorney’s fee award against the wife under section
744.331(7), Florida Statutes (2013). On the unique
Cited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 1698322, 2012 Fla. App. LEXIS 7849
evaluate him have twice found him capacitated. §
744.331(4), Fla. Stat. (2010). We agree and grant the
Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...ployees of estate. §
733.901, Fla. Stat. Final discharge. ch. 743, Fla. Stat. Disability of nonage of minors removed. §
744.106, Fla. Stat. Notice. §
744.301, Fla. Stat. Natural guardians. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
...§
733.2123, Fla. Stat. Adjudication before issuance of letters. §
733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
Cited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1625547
...as lucid. We accept the trial court's implied, if not express, resolution of this disputed issue of fact that the DPOA was knowingly and voluntarily given. We now turn to the principal issue in this case, involving the failure to appoint a guardian. Section 744.331 provides that "[w]hen an order is entered which determines that a person is incapable of exercising delegable rights, a guardian must be appointed to exercise those rights." [1] § 744.331(6)(f), Fla....
Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
733.901, Fla. Stat. Final discharge. §
744.106, Fla. Stat. Notice. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
Cited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 8764, 2009 WL 1872473
...ard. In this case involving the same involuntary petition to determine competency in which the subject was not found incompetent, any award of fees incurred by counsel appointed to represent the subject must come, if at all, from the petitioner. See § 744.331(7)(c), Fla....
Cited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 1448
...the
settlement agreement because it is void under Florida law and public
policy. Specifically, they argue the petitioner cannot voluntarily dismiss
his petition without the statutorily required adjudicatory hearing on the
brother’s incapacity. See § 744.331(4), Fla....
...s a certain method of
proceeding to make that determination, the statute must be strictly
followed.’” In re Guardianship of Klatthaar,
129 So. 3d 482, 484 (Fla. 2d
DCA 2014) (quoting Rothman v. Rothman,
93 So. 3d 1052, 1054 (Fla. 4th
DCA 2012)). Section
744.331, Florida Statutes (2012), provides that when
a petition to determine incapacity is filed, a court must appoint an attorney
to represent the alleged incapacitated person, and within five days of the
petition, the court shall appoint an examining committee of three members
to examine the alleged incapacitated person, all of whom are to file their
reports with the court. §
744.331(1)–(3), Fla. Stat.
A plain reading of the statute indicates that once a petition is filed, the
court shall set the matter for hearing within certain time constraints. Id.
§
744.331(5)(a). The statute also provides that a court shall dismiss a
petition if the examining committee members conclude the person is not
incapacitated. Id. §
744.331(4)....
...I do not think that
a petition for determination of incapacity may be voluntarily dismissed by
a petitioner once the trial court has appointed an examining committee,
unless a majority of the examining committee finds that the alleged
incapacitated person is not incapacitated. See § 744.331(1)–(3), Fla....
Cited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 3456, 2009 WL 482260
...Dr. Levine and his sister, Bonnie Stimmel, are Mr. Levine's adult children. Dr. Levine filed a petition to determine his father's incapacity. As required by statute, the trial court entered an order appointing a three-member examining committee. See § 744.331, Fla. Stat. (2008). After the examining committee members concluded that Mr. Levine was not incapacitated, Ms. Stimmel moved to dismiss the incapacity petition pursuant to section 744.331(4), which provides "[i]f a majority of the examining committee members conclude that the alleged incapacitated person is not incapacitated in any respect, the court shall dismiss the petition." The trial court dismissed the petition and Dr....
...ity, trial court was required to dismiss petition to determine incapacity); see also In re Keene,
343 So.2d 916 (Fla. 4th DCA 1977). [1] The trial court also ordered Dr. Levine to pay the examining committee's fees. Ms. Stimmel concedes error. While section
744.331(7)(a) allows the trial court to award members of the examining committee reasonable fees, subparagraph (c) of that section provides that the cost and attorney's fees of a dismissed petition are to be assessed against the petitioner only if the court finds the petition to have been filed in bad faith....
Cited 1 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 626
...rily an aptitude in dealing with financial matters. If the position of the trial court and the appellee were correct, then the standard applicable to invalidate a revocation would be similar to that required for an adjudication of incompetency under section 744.331, Florida Statutes (1985), without the safeguards contained therein....
Cited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 4245627
...We reject Laurence Graham's claim that he did not receive proper notice, as the letters were provided to Laurence's attorney, and there is no authority for the proposition that any specific form of notice was required. Luke Graham argues in response that this court should interpret section 744.331(6)(b), Florida Statutes (2007), as mandating that "[a] person possessing a health care surrogate has the burden to come forward, present that instrument to the court, and permit the parties and the court to address the issue of the instrument's validity." Section 744.331(6)(b) provides: When an order determines that a person is incapable of exercising delegable rights, the court must consider and find whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person....
...A guardian must be appointed to exercise the incapacitated person's delegable rights unless the court finds there is an alternative. A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person. § 744.331(6)(b), Fla....
...*444 After finding Laurence in contempt, the trial court found that Betty's incapacity was established and appointed Luke Graham as her temporary plenary guardian. Laurence claims the trial court erred in doing so without sufficient evidence of Betty's incapacity pursuant to section 744.331, Florida Statutes....
...Fleming,
352 So.2d 895, 898 (Fla. 1st DCA 1977) (citing Waterman v. Higgins,
28 Fla. 660,
10 So. 97 (1891)). "In the adjudicatory hearing on a petition alleging incapacity, the partial or total incapacity of the person must be established by clear and convincing evidence." §
744.331(5)(c), Fla. Stat. (2007). Further, section
744.331(5)(a), Florida Statutes (2007), states: Upon appointment of the examining committee, the court shall set the date upon which the petition will be heard....
...In LeWinter, the Second District reversed a finding of incapacity and the appointment of a guardian, concluding that there was no competent evidence to support the order. The court found that although the report of the examining committee established under section 744.331(3)(a) contained findings that the ward lacked the capacity to perform the functions that served the basis for the guardianship, it was filed over six weeks before the hearing, and there was evidence that the ward's condition had improved in the meantime....
Cited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 12773, 2015 WL 5026178
(holding compliance with the requirements of section
744.331, Florida Statutes, is mandatory and failure
Cited 1 times | Published | Florida 4th District Court of Appeal | 1990 WL 120665
...ility, after notice and hearing, upon the recommendation (supported by the opinion of a psychiatrist and the second opinion of a clinical psychologist or another psychiatrist) of the administrator of the facility where the patient has been examined. Section 744.331(3)(a), however, provides that a three-member examining committee must be appointed when a petition for determination of incapacity has been filed, and that no member of the examining committee may be employed by any private or governm...
...2d DCA 1989). Here, clearly, the trial court applied a "best interests" tests rather than a subjective test. However, we conclude that the "substituted judgment" doctrine is not applicable to this case. Since there are Florida statutes (sections 390.001(4),
744.331,
744.3215(4)(e), and
744.3725) which apply to the specific situation involved in this case, there is no need for recourse to the "substituted judgment" doctrine....
Published | Supreme Court of Florida | 2017 WL 3910512
Florida Statutes (2016), and the creation of new section
744.331(3)(i), Florida Statutes, by section 1 of chapter
Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 13400, 2016 WL 4651336
capacity of their father, Ward. Pursuant to section
744.331, the trial court appointed a three-person examining
Published | Supreme Court of Florida
Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | District Court of Appeal of Florida
the guardianship proceedings pursuant to section
744.331(2)b, Florida Statutes (2020). Appointed counsel
Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
administration. F.S.
744.104 Verification of documents. F.S.
744.331(1) Adjudication of person mentally or physically
Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
administration. F.S.
744.104 Verification of documents. F.S.
744.331(1) Adjudication of person mentally or physically
Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
Fla.Stat. Petition to determine incapacity. §
744.331(4), Fla.Stat. Adjudication of persons mentally
Published | District Court of Appeal of Florida
three-member examining committee pursuant to section
744.331(3)(a), Florida Statutes (2017). Each member
Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...§
733.901, Fla. Stat. Final discharge. §
735.203, Fla. Stat. Petition for summary administration. §
744.104, Fla. Stat. Verification of documents. §
744.3085, Fla. Stat. Guardian advocates. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
...Adjudication before issuance of letters. §
733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed. §
744.3085, Fla. Stat. Guardian advocates. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
Published | Florida 2nd District Court of Appeal | 2013 WL 5225218, 2013 Fla. App. LEXIS 14798
Statement by Interested Person Pursuant to F.S. §
744.331(6)®.” In that affidavit, she alleged that her
Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772
Stat. Petition to determine incapacity. §
744.331, Fla, Stat. Procedures to determine incapacity
Published | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
Committee notes revised. Statutory Reference F.S.
744.331 Adjudication of persons mentally or physically
Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099
Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 11662, 1999 WL 675178
Bass, challenges the constitutionality of section
744.331, Florida Statutes (1997), which allows Hillsborough
Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 13935, 1999 WL 961188
appoint a guardian for Mathes. Pursuant to section
744.331(3), Florida Statutes (1997), the trial court
Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21474
such an appointment is mandatory. We agree. Section
744.331(9), Florida Statutes (1981), provides: “When
Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 2307, 1988 Fla. App. LEXIS 4520, 1988 WL 103913
trial court’s finding of incompetency under section 744.-331, Florida Statutes (1985). We affirm. This
Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 2470, 1988 Fla. App. LEXIS 4889, 1988 WL 117611
declared incompetent was filed pursuant to Section 744.-331, Florida Statutes (1987). Pending determination
Published | Supreme Court of Florida
Revision: Subdivision (b)(2) amended to conform to section
744.331(1), Florida Statutes. Committee notes revised
Published | District Court of Appeal of Florida
specifically assessed fees against Wife under section
744.331(7), Florida Statutes, after finding that Wife
Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899
...Capacity; appointment of guardian advocate.
§
744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions.
§
744.3085, Fla. Stat. Guardian advocates.
§
744.309, Fla. Stat. Who may be appointed guardian of a resident ward.
§
744.3125, Fla. Stat. Application for appointment.
§
744.331(1), Fla....
Published | Florida 4th District Court of Appeal
problems with the analysis used by the majority. Section
744.331(3)(a), Florida Statutes (2017), governing the
Published | Florida 4th District Court of Appeal
problems with the analysis used by the majority. Section
744.331(3)(a), Florida Statutes (2017), governing the
Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 17250
basis for any determination-of incapacity. Section
744.331 sets forth the statutory procedures for determining
Published | District Court of Appeal of Florida
for all of the interested persons and for 4 §
744.331, Fla. Stat. (2016). See also Holmes v. Burchett
Published | District Court of Appeal of Florida
person. This obligation is established under section
744.331(2)(b), Florida Statutes (2019): (2)
Published | Florida 1st District Court of Appeal | 2017 WL 2126617, 2017 Fla. App. LEXIS 6932
proceedings on the motion consistent with section
744.331, Florida Statutes. WOLF and M.K. THOMAS
Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19797
section 744.33l(5)(a), Florida Statutes (1981). Section
744.331(5)(a) states as follows: The judge shall appoint
Published | District Court of Appeal of Florida
court-appointed attorney was served by mail. 4 §
744.331, Fla. Stat. (2016).
Published | Florida 2nd District Court of Appeal | 2014 WL 889050
forth in section
744.331(3), Florida Statutes (2010). Attorney McKinney argued that section
744.331(3) did
Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 2968, 2015 WL 894259
John and Joan Steiner. Subsequently, under section
744.331(2)(b), Florida Statutes (2013), the trial court
Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 4304, 2005 WL 711655
one “likely to dissipate or lose his property.” §
744.331(1), Fla. Stat. (1987), After the statute was amended
Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3130, 2016 WL 803625
be represented by Hennessy, which violated section
744.331(2)(c), Florida Statutes (2013). That statute
Published | District Court of Appeal of Florida
PER CURIAM. Affirmed. See Fla. Stat. §
744.331(6)(b) (2020) (“A guardian may not be appointed
Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5821, 1992 WL 118343
of an adjudicatory hearing held pursuant to section
744.331(5), Florida Statutes (1991), which resulted
Published | Florida 3rd District Court of Appeal
of a petition to determine incapacity, and section
744.331 addresses the procedures that must be followed
Published | Florida 3rd District Court of Appeal
of a petition to determine incapacity, and section
744.331 addresses the procedures that must be followed
Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9575, 2015 WL 3875682
...The court noted that Saadeh’s court-appointed attorney
invited the guardian’s attorney to speak to Saadeh, and it compared this
situation to a criminal defense attorney and his client engaging in plea
negotiations with a prosecutor. The court also relied on section
744.331(2)(c), Florida Statutes, which precludes an attorney for the alleged
incapacitated person from serving as either the guardian or the attorney
for the guardian.
3
Here, the claim against the g...
... guardian owes a duty to the alleged incapacitated person under a third
party beneficiary theory, we first turn to the guardianship statutes. Upon
the filing of a petition to determine incapacity, the court must appoint an
attorney to represent the alleged incapacitated person. § 744.331(2)(b),
Fla. Stat. (2009). “Any attorney representing an alleged incapacitated
person may not serve as guardian of the alleged incapacitated person or
as counsel for the guardian of the alleged incapacitated person or the
petitioner.” § 744.331(2)(c), Fla....
Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 8293, 2001 WL 686428
clear and convincing proof of incapacity. Section
744.331 requires that each member of the examining
Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 7604, 2010 WL 2178831
...2d DCA 2003); The Florida Bar, Litigation Under Florida Probate Code § 1.6 (7th ed. 2009); 28 Fla. Jur. 2d Guardian and Ward, § 35 (updated Feb. 2010). "The adjudicatory hearing must be conducted at the time and place specified in the notice of hearing and in a manner consistent with due process." § 744.331(5)(a), Fla....
Published | Florida 4th District Court of Appeal | 2013 WL 3014005, 2013 Fla. App. LEXIS 9647
petition for adjudication of incapacity is filed. §
744.331(2)(b), Fla. Stat. (2012) The trial court must
Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | District Court of Appeal of Florida
capacity determination for mid-December. See §
744.331(3), Fla. Stat. (2023). Two of the three
Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1437, 1987 Fla. App. LEXIS 8666
Reversed. We hold that the provisions of section
744.331(4), Florida Statutes (1985) are mandatory and
Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 7362, 1993 WL 247113
limited guardianship was filed in bad faith. Section
744.331(7)(c), Fla.Stat. (1991). REVERSED. GRIFFIN
Published | Florida 5th District Court of Appeal | 2013 WL 3834330, 2013 Fla. App. LEXIS 11734
is entitled to attorney’s fees pursuant to section
744.331(7)(c), Florida Statutes (2010), but did not
Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11450, 2011 WL 2937302
appointed for the alleged incapacitated person. See §
744.331(1), (2)(b), Fla. Stat. Within five days after
Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...§
733.901, Fla. Stat. Final discharge. §
735.203, Fla. Stat. Petition for summary administration. §
744.104, Fla. Stat. Verification of documents. §
744.3085, Fla. Stat. Guardian advocates. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
...Final discharge. ch. 743, Fla. Stat. Disability of nonage of minors removed. §
744.106, Fla. Stat. Notice. §
744.301, Fla. Stat. Natural guardians. §
744.3085, Fla. Stat. Guardian advocates. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
...Adjudication before issuance of letters. §
733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed. §
744.3085, Fla. Stat. Guardian advocates. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla....
...Capacity; appointment of guardian advocate. §
744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions. §
744.3085, Fla. Stat. Guardian advocates. §
744.309, Fla. Stat. Who may be appointed guardian of a resident ward. §
744.3125, Fla. Stat. Application for appointment. §
744.331(1), Fla....
Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 161
the court initiated proceedings pursuant to section
744.331, Florida Statutes, to determine the competence
Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 69, 1999 WL 2803
examining committee within five days pursuant to section
744.331(3)(a), Florida Statutes (1997), the trial court
Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 1000, 2015 WL 350723
...r make her own health care
decisions and wanted these decisions to be made by her sister or another family
member.
Thereafter, the trial court appointed a three-member examining committee to
determine Ana Maria’s capacity as specified in section 744.331(3)(a), Fla. Stat.
(2013). The trial court also appointed the Office of Criminal Conflict and Civil
Regional Counsel to represent Ana Maria. See § 744.331(2)(a), Fla....
Published | Supreme Court of Florida
Revision: Subdivision (b)(2) amended to conform to section
744.331(1), Florida Statutes. Committee notes revised
Published | Supreme Court of Florida
Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 502, 1988 Fla. App. LEXIS 589, 1988 WL 11345
competency/guardianship proceeding conducted pursuant to section
744.331, Florida Statutes (1986), reveals an intra-fa-milial
Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | Supreme Court of Florida
Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity
Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 15889, 1998 WL 879667
that only an order of incapacity pursuant to section
744.331, Florida Statutes (1997), invokes a three-year
Published | Supreme Court of Florida
Revision: Subdivision (b)(2) amended to conform to section
744.331(1), Florida Statutes. Committee notes revised
Published | Florida 4th District Court of Appeal | 2013 WL 4006526, 2013 Fla. App. LEXIS 12357
petition for adjudication of incapacity is filed. §
744.331(2)(b), Fla. Stat. (2012) The trial court must
Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 10957, 2009 WL 2392973
...t of certiorari and quash the order of the trial court directing the petitioner to surrender his driver's license. Section
322.2505, Florida Statutes (2008), provides: Whenever a person is adjudicated mentally or physically incapacitated pursuant to s.
744.331 the court shall require such person to surrender to it all of the driver's licenses held by such person, and the court shall forward the same, together with a record of the adjudication to the department. Section
744.331, Florida Statutes (2008), provides the procedures for determining incapacity under the Florida Guardianship Law....
...iven its plain and obvious meaning." Vreuls v. Progressive Employer Servs.,
881 So.2d 688, 690 (Fla. 1st DCA 2004). Section
322.2505, Florida Statutes (2008), plainly provides that the court shall require a person adjudicated incompetent pursuant to section
744.331 to surrender his or her driver's license. It references no other statute. The state argues that the procedures for determining incompetency under sections
744.331 and
916.106 are similar....
Published | Florida 4th District Court of Appeal
...4th DCA 2007). The statutes governing the adjudication of
incapacity and the appointment of a guardian for an incapacitated person
are to be strictly construed. In re Fey,
624 So. 2d 770, 772 (Fla. 4th DCA
1993) (holding compliance with the requirements of section
744.331,
Florida Statutes, is mandatory and failure to adhere to those requirements
constitutes “error of fundamental proportions”).
This action was commenced under section
744.331, Florida Statutes
(2009), entitled “[p]rocedures to determine incapacity.” The general
magistrate issued his Report and Recommendations finding Mr....
...Prob.
R. 5.095(h).
Upon a finding of incapacity, the court is required to either appoint a
guardian or find that there is an alternative to guardianship. If there is an
alternative to guardianship, the court is prohibited from appointing a
guardian. § 744.331(6)(b), Fla....
Published | Florida 2nd District Court of Appeal
basis for any determination of incapacity. Section
744.331 sets forth the statutory procedures for determining
Published | Florida 3rd District Court of Appeal | 2012 WL 1414315, 2012 Fla. App. LEXIS 6380
Losh is incapable of exercising her rights. See §
744.331(5)(c), Fla. Stat. (2011) (“[T]he partial or total
