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Florida Statute 744.334 - Full Text and Legal Analysis
Florida Statute 744.334 | Lawyer Caselaw & Research
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F.S. 744.334 Case Law from Google Scholar Google Search for Amendments to 744.334

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
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.

F.S. 744.334 on Google Scholar

F.S. 744.334 on CourtListener

Amendments to 744.334


Annotations, Discussions, Cases:

Cases Citing Statute 744.334

Total Results: 21  |  Sort by: Relevance  |  Newest First

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In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...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....
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Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700

...(4) other relief. This petition was later stayed by a November 30, 2011 order and remains unresolved today. Since the guardianship must terminate as a result of the death of the Ward, this lawsuit must be pursued, if at all, by the Ward's estate. . 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.” ....
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Amendments to Florida Prob. Rules, 683 So. 2d 78 (Fla. 1996).

Cited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

...1996 Revision: Committee notes revised. Statutory References ž 69.031, Fla.Stat. Designated financial institutions for assets in hands of guardians, curators, administrators, trustees, receivers, or other officers. ž 744.3021, Fla.Stat. Guardians of minors. ž 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....
...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....
...ition to determine incapacity. Statutory References ž 744.309, Fla.Stat. Who may be appointed guardian of a resident ward. ž 744.312, Fla.Stat. Considerations in appointment of guardian. ž 744.331, Fla.Stat. Procedures to determine incapacity. ž 744.334, Fla.Stat....
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla....
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Florida Bar, 537 So. 2d 500 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

...733.604(2) Inventory. F.S. 735.103 Petition for family administration. F.S. 735.203 Petition for summary administration. F.S. 744.104 Verification of documents. F.S. 744.331(1) Adjudication of person mentally or physically incompetent; procedure. F.S. 744.334 Petition for appointment of guardian; contents....
...nt, if living. (3)If the petitioner requests appointment of the public guardian, a copy of the petition and notice of the hearing thereon shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as F.S. 744.334, expanded to include provisions of F.S. 744.302 and F.S. 744.312 by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S. 744.334....
...1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 744.309 Who may be appointed guardian of a resident incompetent. F.S. 744.312 Considerations in appointment of guardian. F.S. 744.334 Petition for appointment of guardian; contents....
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Florida Bar, 531 So. 2d 1261 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

...733.604(2) Inventory. F.S. 735.103 Petition for family administration. F.S. 735.203 Petition for summary administration. F.S. 744.104 Verification of documents. F.S. 744.331(1) Adjudication of person mentally or physically incompetent; procedure. F.S. 744.334 Petition for appointment of guardian; contents....
...t, if living. (3) If the petitioner requests appointment of the public guardian, a copy of the petition and notice of the hearing thereon shall be served on the public guardian. Committee Notes Rule History 1975 Revision: Substantially the same as F.S. 744.334, expanded to include provisions of F.S. 744.302 and F.S. 744.312 by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S. 744.334....
...1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 744.309 Who may be appointed guardian of a resident incompetent. F.S. 744.312 Considerations in appointment of guardian. F.S. 744.334 Petition for appointment of guardian; contents....
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Amendments to the Florida Prob. Rules, 778 So. 2d 272 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

...of proposed guardian. Statutory References § 69.031, Fla. Stat. Designated financial institutions for assets in hands of guard *282 ians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla....
...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....
...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....
...y number of proposed guardian. 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....
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In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...Petition for summary administration. 744.104, Fla.Stat. Verification of documents. § 744.3201, Fla.Stat. Petition to determine incapacity. 744.331(1) Adjudication of person mentally or physically- incompetent; procedure^ Fla.Stat. Procedures to determine incapacity. F4=k§ 744.334, Fla.Stat....
...Rule History 1991 Revision: New rule adopted to apply to guardianships over minors who are not incapacitated persons. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla.Stat.' Petition for appointment of guardian; contents....
...acity. (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....
...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....
...1992 Revision: Citation form changes in committee notes. 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....
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In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

...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....
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In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian
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Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984).

Published | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

...If a parent of the minor is the petitioner or proposed guardian, a copy of the petition and notice of the hearing thereon shall be served on the minor’s other parent, if living. Committee Notes Rule History 1975 Revision: Substantially the same as FGL 744.334, expanded to include provisions of FGL 744.302 and FGL 744.312 by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to FGL 744.334....
...& G.P. 5.560 and part of prior Fla.R.P. & G.P. 5.570. Editorial changes and committee notes revised. Statutory References F.S. 744.309 Who may be appointed guardian of a resident incompetent. F.S. 744.312 Considerations in appointment of guardian. F.S. 744.334 Petition for appointment of guardian; contents....
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In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian
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In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

...Designated financial institutions for assetsproperty in hands of guardians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.3085, Fla. Stat. Guardian advocates. § 744.334, Fla....
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Petition for family administration. § 735.203, Fla. Stat. Petition for summary administration. § 744.104, Fla. Stat. Verification of documents. § 744.3201, Fla. Stat. Petition to determine incapacity. *1073 § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla....
...r. 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....
...ardian. (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....
...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....
...2003 Revision: Committee notes revised. 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....
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...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. *579 § 744.334, Fla....
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Johnson v. Knight, 424 So. 2d 166 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18402

...or are living, reasonable notice of the hearing shall be given to them. When a parent applies for appointment as guardian of his minor child, no notice is necessary unless the other parent is living and refuses to consent to the appointment.” F.S. § 744.334 provides: “Petition for appointment of guardian; contents, — 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...
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Silveira v. Guardianship of Quiroga, 156 So. 3d 574 (Fla. 3d DCA 2015).

Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 1000, 2015 WL 350723

...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....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

and subdivision (c)(9) amended to conform to section 744.334, Florida Statutes, and the list of alternatives
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In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...urt or required by statute. 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....
...rdian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 744.1083, Florida Statutes. (b)-(c) [No Change] 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....
...Statutory References § 744.1083, Fla. Stat. Professional guardian registration. § 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....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...- 13 - Rule History 1991-2014 [NO CHANGE] 2020 Revision: Subdivision (c)(6) amended to include reference to section 744.446, Florida Statutes, and subdivision (c)(9) amended to confirm to section 744.334, Florida Statutes, and the list of alternatives to guardianships. 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. § 744.3085, Fla. Stat. Guardian advocates. § 744.334, Fla....
...Rule History 1975-2016 [NO CHANGE] - 15 - 2020 Revision: Subdivision (a)(7) amended to include reference to section 744.446, Florida Statutes, and subdivision (a)(9) amended to conform to section 744.334, Florida Statutes, and the list of alternatives to guardianships. Statutory References § 744.2002, Fla....
...Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla....
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Horning v. DeVane, 369 So. 2d 655 (Fla. 1st DCA 1979).

Published | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 21053

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

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