Florida Statute 744.341 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.341

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.

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Amendments to 744.341

Arrestable Offenses / Crimes under Fla. Stat. 744.341

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.341.

Annotations, Discussions, Cases:

Cases Citing Statute 744.341

Total Results: 20

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

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744

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

Court: Supreme Court of Florida | Date Filed: 2020-12-31

Snippet: appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Supreme Court of Florida | Date Filed: 2020-09-03

Snippet: appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: section 744.464(2) neither incorporates section 744.341's examination requirements, nor contains any other

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: section 744.464(2) neither incorporates section 744.341's examination requirements, nor contains any other

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-15

Citation: 200 So. 3d 761, 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Snippet: for appointment of guardian and hearing. §.744.341, Fla. Stat. Voluntary guardianship. § 744-

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2016-09-01

Citation: 199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Snippet: petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744,344,

Whiting v. Whiting

Court: District Court of Appeal of Florida | Date Filed: 2015-02-27

Citation: 160 So. 3d 921, 2015 Fla. App. LEXIS 2747, 2015 WL 806820

Snippet: court to grant the guardian limited authority. § 744.341(3), Fla. Stat. (2014). A voluntary guardianship

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: added to incorporate 2006 amendment to section 744.341, Florida Statutes, requiring inclusion of physician’s

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: 2003 Revision: New rule. Statutory Reference § 744.341, Fla. Stat. Voluntary guardianship. Rule Reference

Shappell v. Williams

Court: District Court of Appeal of Florida | Date Filed: 2003-01-15

Citation: 834 So. 2d 376, 2003 Fla. App. LEXIS 205

Snippet: rested upon the consent of a competent ward. See § 744.341, Fla. Stat. (2001). Moreover, any guardian’s authority

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2000-09-28

Citation: 778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Snippet: petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.344,

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1996-10-03

Citation: 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Snippet: petition for appointment of guardian and hearing. 744.341, Fla.Stat. Voluntary guardianship. *107 744.344

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: petition for appointment of guardian and hearing. § 744.341, Fla.Stat. Voluntary guardianship. § 744.344, Fla

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1991-08-22

Citation: 584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Snippet: petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.344,

In re Guardianship of Anderson

Court: District Court of Appeal of Florida | Date Filed: 1990-09-26

Citation: 568 So. 2d 958, 1990 Fla. App. LEXIS 7447, 1990 WL 142521

Snippet: 2770, effective October 1, 1990, amends section 744.341, Florida Statutes (1989) to provide that a voluntary

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

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

Snippet: contents. F.S. 744.337 Notice of hearing. F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of appointment

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

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

Snippet: contents. F.S. 744.337 Notice of hearing. F.S. 744.341 Voluntary guardianship. F.S. 744.344 Order of appointment

Bryan v. Century National Bank

Court: Supreme Court of Florida | Date Filed: 1986-11-13

Citation: 498 So. 2d 868, 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817

Snippet: appointment of a voluntary guardian under section 744.341, Florida Statutes (1977). Although mentally competent

Moses v. Goodson

Court: District Court of Appeal of Florida | Date Filed: 1986-08-27

Citation: 493 So. 2d 520, 11 Fla. L. Weekly 1866, 1986 Fla. App. LEXIS 9533

Snippet: guardian for his mother Levonia Moses under section 744.341, Florida Statutes (1983), at the time of the conveyance