Florida Statutes
Fla. Stat. § 744.3371 (2025)
Notice of petition for appointment of guardian and hearing.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.3371 Notice of petition for appointment of guardian and hearing.—
(1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is determined to be incapacitated, the court shall hear the petition without further notice. If the petition is heard on a later date, reasonable notice of the hearing must be served on the incapacitated person, the person’s attorney, if any, any guardian then serving, the person’s next of kin, and such other interested persons as the court may direct.
(2) When a petition for appointment of a guardian for a minor is filed, formal notice must be served on the minor’s parents. If the petitioner has custody of the minor and the petition alleges that, after diligent search, the parents cannot be found, the parents may be served by informal notice, delivered to their last known address or addresses. When a parent petitions for appointment as guardian for his or her minor child, no notice is necessary unless the other parent is living and does not consent to the appointment.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1991–2021 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re Guardianship of Stephens, 965 So. 2d 847 (Fla. 2d DCA 2007). “However, there is no record evidence that they set, or even tried to set, their petition for hearing as required by section 744.3371(1). Thereafter, the record reflects that a hearing was held on April 26, 2006, to address the exceptions filed by the siblings, but the record on…”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 744.3371, Fla.Stat. Notice of petition for appointment of guardian and hearing.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
— 744.3371(1) — 11 cases
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re Guardianship of Stephens, 965 So. 2d 847 (Fla. 2d DCA 2007). “However, there is no record evidence that they set, or even tried to set, their petition for hearing as required by section 744.3371(1). Thereafter, the record reflects that a hearing was held on April 26, 2006, to address the exceptions filed by the siblings, but the record on…”
In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 744.3371, Fla.Stat. Notice of petition for appointment of guardian and hearing.”
— 744.3371(2) — 8 cases
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 744.3371, Fla.Stat. Notice of petition for appointment of guardian and hearing.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). “§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.”
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