Florida Statutes

Fla. Stat. § 744.334 (2025)

Petition for appointment of guardian or professional guardian; contents.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1979–2021 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Sort: Relevance Newest Treatment

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 10× “§ 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 8× “Statutory References § 744.334, Fla. Stat. Petition for appointment of guardian; contents.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 4× “F.S. 744.334 Petition for appointment of guardian; contents.”

Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014). · cites it 2× “Section 744.334, Florida Statutes (2012), provides that every petition for the appointment of a guardian "shall contain statements, to the best of petitioner’s knowledge and belief, showing,” inter alia, "the nature and value of property subject to the guardianship.”

Amendments to Florida Prob. Rules, 683 So. 2d 78 (Fla. 1996). · cites it 4× “Committee Notes Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes, expanded to include provisions of section 744.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 10× “F4=k§ 744.334, Fla.Stat. Petition for appointment of guardian; contents.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 744.334 Petition for appointment of guardian; contents.”

In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.”

In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). · cites it 4× “§ 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “*579 § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.”

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020). · cites it 8× “§ 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.”

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). · cites it 8× “§ 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.”

Show all 22 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.