Florida Statute 744.334 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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744.334 Petition for appointment of guardian or professional guardian; contents.—

(1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and belief, showing the name, age, residence, and post office address of the alleged incapacitated person or minor; the nature of her or his incapacity, if any; the extent of guardianship desired, either plenary or limited; the residence and post office address of the petitioner; the names and addresses of the next of kin of the alleged incapacitated person or minor, if known to the petitioner; the name of the proposed guardian and the reasons why she or he should be appointed guardian; whether the proposed guardian is a professional guardian; the relationship and previous relationship of the proposed guardian to the alleged incapacitated person or minor; any other type of guardianship under part III of this chapter or alternatives to guardianship that the alleged incapacitated person or minor has designated or is in currently or has been in previously; the reasons why a guardian advocate under s. 744.3085 or other alternatives to guardianship are insufficient to meet the needs of the alleged incapacitated person or minor; and the nature and value of property subject to the guardianship. The petition must state whether a willing and qualified guardian cannot be located. As used in this subsection, the term “alternatives to guardianship” means an advance directive as defined in s. 765.101, a durable power of attorney as provided in chapter 709, a representative payee under 42 U.S.C. s. 1007, or a trust instrument as defined in s. 736.0103.

(2) If the petitioner is a professional guardian, she or he may not petition for her or his own appointment unless the petitioner is a relative of the alleged incapacitated person or minor. For purposes of this subsection, the term “relative” means an individual who would qualify to serve as a nonresident guardian under s. 744.309(2). This subsection does not apply to a public guardian appointed under s. 744.2006 who seeks appointment as a guardian of a person of limited financial means and whose compensation as guardian for such person would be paid from the Office of Public and Professional Guardians or any local government.

History.—ss. 11, 26, ch. 75-222; s. 7, ch. 79-221; s. 36, ch. 89-96; s. 21, ch. 90-271; s. 8, ch. 96-354; s. 1784, ch. 97-102; s. 2, ch. 2020-35.

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Amendments to 744.334

Annotations, Discussions, Cases:

Cases Citing Statute 744.334

Total Results: 21

In Re Amendments to the Florida Probate Rules, 584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991

Cited 5 times | Published

...as well as guardianships of incapacitated persons and no change has been suggested with respect to such rules. Rule History 1991 Revision: New rule adopted to apply to guardianships over minors who are not incapacitated persons. Statutory References § 744.334, Fla....

...(2) (c) Service on Public Guardian. If the petitioner requests appointment of the public guardian, a copy of the petition and the notice of the hearing thereon shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334, Florida Statutes....

...l probably not 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. Stat. Procedures to determine incapacity. § 744.334, Fla....

Romano v. Olshen, 153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014

Cited 4 times | Published

pursued, if at all, by the Ward's estate. . Section 744.334, Florida Statutes (2012), provides that every

Amendments to Florida Probate Rules, 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Supreme Court of Florida | Filed: Oct 3, 1996

Cited 3 times | Published

...1996 Revision: Committee notes revised. Statutory References 69.031, Fla.Stat. Designated financial institutions for assets in hands of guardians, curators, administrators, trustees, receivers, or other officers. 744.3021, Fla.Stat. Guardians of minors. 744.334, Fla.Stat....

...rdian. (c) Service on Public Guardian. If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334, Florida Statutes....

...ition to determine incapacity. 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.Stat. Procedures to determine incapacity. 744.334, Fla.Stat....

In Re: Amendments to the Florida Probate Rules - Guardianship

Supreme Court of Florida | Filed: Sep 3, 2020

Published

Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

Florida Bar, 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988

Published

mentally or physically incompetent; procedure. F.S. 744.334 Petition for appointment of guardian; contents

Florida Bar, 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988

Published

mentally or physically incompetent; procedure. F.S. 744.334 Petition for appointment of guardian; contents

Amendments to the Florida Probate Rules, 778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000

Published

§ 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. Petition for appointment of guardian;

In re Amendments to the Florida Probate Rules, 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992

Published

References § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla.Stat.' Petition for appointment of guardian;

In Re Amendments to the Florida Probate Rules, 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010

Published

...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. Stat. Procedures to determine incapacity. § 744.334, Fla....

In Re AMENDMENTS TO the FLORIDA PROBATE RULES, 200 So. 3d 761, 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Supreme Court of Florida | Filed: Sep 15, 2016

Published

Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

Florida Bar re Amendment to Rules, 458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984

Published

312 Considerations in appointment of guardian. F.S. 744.334 Petition for appointment of guardian; contents

In Re AMENDMENTS TO the FLORIDA PROBATE RULES, 199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Supreme Court of Florida | Filed: Sep 1, 2016

Published

Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021

Published

744.3085, Fla. Stat. Guardian advocates. § 744.334, Fla. Stat. Petition for appointment of guardian

Amendments to the Florida Probate Rules, 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003

Published

Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian

In Re Amend. to Florida Probate Rules, 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008

Published

Johnson v. Knight, 424 So. 2d 166, 1983 Fla. App. LEXIS 18402

District Court of Appeal of Florida | Filed: Jan 4, 1983

Published

refuses to consent to the appointment.” F.S. § 744.334 provides: “Petition for appointment of guardian;

Silveira v. Guardianship of Quiroga, 156 So. 3d 574, 2015 Fla. App. LEXIS 1000, 2015 WL 350723

District Court of Appeal of Florida | Filed: Jan 28, 2015

Published

...other guardian, any surety, the next of kin, or any other interested person.” (emphasis added). However, a review of Ms. Silveira’s numerous petitions and motions reflect that they do not comply with the legal requirements for a petition for the appointment of a guardian, see § 744.334, Fla....

...ed. See Sibley, 885 So. 2d at 985. Although we understand the trial court’s frustration, as Ms. Silveira’s various filings seeking to be appointed as her sister’s guardian do not comply with the applicable statutes and procedural rules, see § 744.334, Fla....

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021

Published

and subdivision (c)(9) amended to conform to section 744.334, Florida Statutes, and the list of alternatives

In re Amendments to the Florida Probate Rules, 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007

Published

§ 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. Petition for appointment of guardian

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Dec 31, 2020

Published

and subdivision (c)(9) amended to confirm to section 744.334, Florida Statutes, and the list of alternatives

Horning v. DeVane, 369 So. 2d 655, 1979 Fla. App. LEXIS 21053

District Court of Appeal of Florida | Filed: Apr 4, 1979

Published

v. Godwin, 323 So.2d 14 (Fla. 1st DCA 1975); § 744.334, Fla.Stat. (1977). GRIMES, C. J., and BOARDMAN

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