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Fla. Stat. § 744.341 (2025)

Voluntary guardianship.

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744.341 Voluntary guardianship.—
(1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment. The petition shall be accompanied by a certificate of a licensed physician specifying that he or she has examined the petitioner and that the petitioner is competent to understand the nature of the guardianship and his or her delegation of authority. Notice of hearing on any petition for appointment and for authority to act shall be given to the petitioner and to any person to whom the petitioner requests that notice be given. Such request may be made in the petition for appointment of guardian or in a subsequent written request for notice signed by the petitioner.
(2) If requested in the petition for appointment of a guardian brought under this section, the court may direct the guardian to take possession of less than all of the ward’s property and of the rents, income, issues, and profits from it. In such case, the court shall specify in its order the property to be included in the guardianship estate, and the duties and responsibilities of the guardian appointed under this section will extend only to such property.
(3) Unless the voluntary guardianship is limited pursuant to subsection (2), any guardian appointed under this section has the same duties and responsibilities as are provided by law for plenary guardians of the property, generally.
(4) A guardian must include in the annual report filed with the court a certificate from a licensed physician who examined the ward not more than 90 days before the annual report is filed with the court. The certificate must certify that the ward is competent to understand the nature of the guardianship and of the ward’s authority to delegate powers to the voluntary guardian.
(5) A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated. A copy of the notice must be served on all interested persons.
History.—ss. 11, 26, ch. 75-222; s. 9, ch. 79-221; s. 4, ch. 84-31; s. 38, ch. 89-96; s. 23, ch. 90-271; s. 1080, ch. 97-102; s. 12, ch. 2006-178.
Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1981–2021 · leading case: Bryan v. Century Nat'l Bank, 498 So. 2d 868 (Fla. 1986).
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Bryan v. Century Nat'l Bank, 498 So. 2d 868 (Fla. 1986). · cites it 13× “In 1977, ninety-eight year old Camille Perry Bryan petitioned the probate court for appointment of a voluntary guardian under section 744.341, Florida Statutes (1977).”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “Statutory Reference § 744.341, Fla. Stat. Voluntary guardianship.”
Chriss v. Chriss, 417 So. 2d 835 (Fla. 1st DCA 1982). · cites it 8× “In May 1981 Julia petitioned the circuit court to appoint her mother, Sara, as guardian of her estate, pursuant to Section 744.341, Florida Statutes (1981).”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “§ 744.341, Fla. Stat. Voluntary guardianship.”
Owen v. Wilson, 399 So. 2d 498 (Fla. 5th DCA 1981). · cites it 2× “…181 So.2d 682 (Fla. 2d DCA 1966), after remand, 208 So.2d 670 (Fla. 2d DCA 1968). [3] § 744.331, Fla. Stat. [4] § 744.341, Fla. Stat.”
In re Guardianship of Anderson, 568 So. 2d 958 (Fla. 4th DCA 1990). · cites it 2× “Senate Bill 2770, effective October 1, 1990, amends section 744.341, Florida Statutes (1989) to provide that a voluntary guardian *960 ship may be terminated simply by filing a notice of termination with the trial court with notice to all interested parties.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 744.341 Voluntary guardianship. F.S.”
Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984). · cites it 4× “NOTES [1] Section 744.341(1), Florida Statutes (1983) states: (1) Without adjudication of incompetency, the court shall appoint a guardian of the estate of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his…”
Whiting v. Whiting, 160 So. 3d 921 (Fla. 5th DCA 2015). · cites it 3× “§ 744.341(3), Fla. Stat. (2014). A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated.”
Century Nat. Bank of Broward v. Bryan, 468 So. 2d 243 (Fla. 4th DCA 1985). · cites it 6× “The dispositive question in these consolidated appeals is whether a person who has become a voluntary ward, pursuant to section 744.341, Florida Statutes (1979), may during the pendency of the voluntary guardianship make inter vivos conveyances of the ward's real and personal…”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 744.341 Voluntary guardianship. F.S.”
Shappell v. Williams, 834 So. 2d 376 (Fla. 2d DCA 2003). · cites it 2× “See § 744.341, Fla. Stat. (2001). Moreover, any guardian’s authority over the assets of a ward terminates upon the ward’s death, at which point the assets become assets of the decedent’s estate and subject to the authority of the personal representative, if any.”
Show all 24 citing cases →
— 744.341(1) — 2 cases
Bryan v. Century Nat'l Bank, 498 So. 2d 868 (Fla. 1986). “In 1977, ninety-eight year old Camille Perry Bryan petitioned the probate court for appointment of a voluntary guardian under section 744.341, Florida Statutes (1977).”
Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984). “NOTES [1] Section 744.341(1), Florida Statutes (1983) states: (1) Without adjudication of incompetency, the court shall appoint a guardian of the estate of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his…”
— 744.341(2) — 2 cases
Bryan v. Century Nat'l Bank, 498 So. 2d 868 (Fla. 1986). “In 1977, ninety-eight year old Camille Perry Bryan petitioned the probate court for appointment of a voluntary guardian under section 744.341, Florida Statutes (1977).”
Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984). “NOTES [1] Section 744.341(1), Florida Statutes (1983) states: (1) Without adjudication of incompetency, the court shall appoint a guardian of the estate of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his…”
— 744.341(3) — 1 case
Whiting v. Whiting, 160 So. 3d 921 (Fla. 5th DCA 2015). “§ 744.341(3), Fla. Stat. (2014). A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated.”
— 744.341(5) — 1 case
Whiting v. Whiting, 160 So. 3d 921 (Fla. 5th DCA 2015). “§ 744.341(3), Fla. Stat. (2014). A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary guardianship is terminated.”
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