Florida Statutes
Fla. Stat. § 744.362 (2025)
Initial guardianship report.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.362 Initial guardianship report.—
(1) Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of the person must consist of an initial guardianship plan. The initial report shall be served on the ward, unless the ward is a minor under the age of 14 years or is totally incapacitated, and the attorney for the ward. Either the ward or the ward’s attorney may request a hearing concerning the adequacy of the report.
(2) Review of the initial guardianship report and representation of the ward during an objection thereto, if any, shall be the appointed attorney’s final official action on behalf of the ward. Thereafter, the court-appointed attorney is no longer obligated to represent the ward.
History.—s. 46, ch. 89-96; s. 30, ch. 90-271; s. 24, ch. 92-200; s. 23, ch. 95-401; s. 1085, ch. 97-102.
Notes of Decisions
Cited in 16
cases (4 in the last 5 years), 1991–2021 · leading case: In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.362, Fla. Stat. Initial guardianship report.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.362, Fla. Stat. Initial guardianship report.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 744.362, Fla. Stat. Initial guardianship report.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.362, Fla. Stat. Initial guardianship report.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 744.362, Fla.Stat. Initial guardianship report.”
Martinez v. Cramer, 121 So. 3d 580 (Fla. 4th DCA 2013). “§ 744.362(2), Fla. Stat. (2012). We have previously held that failure to appoint an attorney for an alleged incapacitated person in a proceeding to determine incapacity is fundamental error.”
In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). “INITIAL GUARDIANSHIP REPORT (a) – (b) [No Change] Committee Notes The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after…”
In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). “§ 744.362, Fla. Stat. Initial guardianship report.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020). “§ 744.362, Fla. Stat. Initial guardianship report.”
In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). “§ 744.362, Fla. Stat. Initial guardianship report.”
In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021). “INITIAL GUARDIANSHIP REPORT (a)-(b) [NO CHANGE] Committee Notes The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after…”
In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021). “INITIAL GUARDIANSHIP REPORT (a)-(b) [NO CHANGE] Committee Notes The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after…”
— 744.362(2) — 2 cases
Martinez v. Cramer, 121 So. 3d 580 (Fla. 4th DCA 2013). “§ 744.362(2), Fla. Stat. (2012). We have previously held that failure to appoint an attorney for an alleged incapacitated person in a proceeding to determine incapacity is fundamental error.”
Martinez v. Cramer, 125 So. 3d 974 (Fla. 4th DCA 2013).
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