Florida Statutes
Fla. Stat. § 744.345 (2025)
Letters of guardianship.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.345 Letters of guardianship.—Letters of guardianship shall be issued to the guardian and shall specify whether the guardianship pertains to the person, or the property, or both, of the ward. The letters must state whether the guardianship is plenary or limited, and, if limited, the letters must state the powers and duties of the guardian. The letters shall state whether or not and to what extent the guardian is authorized to act on behalf of the ward with regard to any advance directive previously executed by the ward.
History.—s. 1, ch. 74-106; s. 12, ch. 75-222; s. 28, ch. 89-96; s. 25, ch. 90-271; s. 7, ch. 92-199; s. 2, ch. 94-183; s. 13, ch. 2015-83.
Note.—Created from former s. 744.40; former s. 744.313.
Notes of Decisions
Cited in 2
cases, 2017–2020 · leading case: Trina Ross Cason, daughter etc. v. Mary S. Ross, alleged incapacitated etc., 207 So. 3d 1024 (Fla. 1st DCA 2017).
Trina Ross Cason, daughter etc. v. Mary S. Ross, alleged incapacitated etc., 207 So. 3d 1024 (Fla. 1st DCA 2017). “See § 744.345, Fla. Stat. (2015). “In order to be entitled to a writ of mandamus the petitioner must have a clear legal right to the requested relief, the respondent must have an indisputable legal duty to perform the requested action, and the petitioner must have no other…”
In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020). “3215(1), Florida Statutes. The guardian shall not execute any power over any health care surrogate appointed by any valid advance directive executed by the ward, pursuant to section 744.”
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