Florida Statute 744.363 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.363

744.363 Initial guardianship plan.—

(1) The initial guardianship plan shall include all of the following:

(a) The provision of medical, mental, or personal care services for the welfare of the ward.

(b) The provision of social and personal services for the welfare of the ward.

(d) The application of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward.

(e) Any physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs.

(f)1. A list of any preexisting:

a. Orders not to resuscitate executed in accordance with s. 401.45(3) and the dates such orders were signed; or

b. Advance directives as defined in s. 765.101 and the dates such directives were signed.

2. For each item listed under subparagraph 1., the plan must state whether the order or directive has been revoked, modified, or suspended by the court.

(g) A description of the steps taken to identify and locate a preexisting order not to resuscitate or advance directive.

(2) The initial guardianship plan for an incapacitated person must be based on the recommendations of the examining committee’s examination, as incorporated into the order determining incapacity.

(3) Unless the ward has been found to be totally incapacitated or is a minor under the age of 14 years, the initial guardianship plan must contain an attestation that the guardian has consulted with the ward and, to the extent reasonable, has honored the ward’s wishes consistent with the rights retained by the ward under the plan. To the maximum extent reasonable, the plan must be in accordance with the wishes of the ward.

(4) The guardianship plan may not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or others from serious physical injury, illness, or disease and to provide the ward with medical care and mental health treatment for the ward’s physical and mental health.

(5) An initial guardianship plan continues in effect until it is amended or replaced by the approval of an annual guardianship plan, until the restoration of capacity or death of the ward, or until the ward, if a minor, reaches the age of 18 years. If there are significant changes in the capacity of the ward to meet the essential requirements for his or her health or safety, the guardian may file a petition to modify the guardianship plan and shall serve notice on all persons who received notice of the plan. At the hearing on such petition, the court may modify the guardianship plan and specify the effective date of such amendment.

(6) In exercising his or her powers, the guardian shall recognize any rights retained by the ward.

History.—s. 47, ch. 89-96; s. 31, ch. 90-271; s. 1086, ch. 97-102; s. 3, ch. 2020-35; s. 3, ch. 2023-287.

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Amendments to 744.363

Arrestable Offenses / Crimes under Fla. Stat. 744.363

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.363.

Annotations, Discussions, Cases:

Cases Citing Statute 744.363

Total Results: 13

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-11-04

Snippet: Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. §

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

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

Snippet: Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan.

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

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

Snippet: Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. §

Legal Aid Society of Palm Beach County, Inc., Public Guardianship Program v. The Guardianship of Jennifer Jaffe and Ferd and Gladys Alpert Jewish Family & Children's Service

Court: District Court of Appeal of Florida | Date Filed: 2015-11-04

Snippet: not. Every ward has a guardianship plan, see § 744.363, Fla. Stat. (2015), and public guardians are required

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: 362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365

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: 362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365

O'Hare v. Hamric

Court: District Court of Appeal of Florida | Date Filed: 2004-04-02

Citation: 868 So. 2d 687, 2004 Fla. App. LEXIS 4340

Snippet: 3215(3)(g). Pursuant to sections 744.362(1) and 744.363 and Florida Probate Rule 5.690(1), the guardian

In Re Guardianship of Sapp

Court: District Court of Appeal of Florida | Date Filed: 2004-04-02

Citation: 868 So. 2d 687, 2004 WL 690568

Snippet: 3215(3)(g). Pursuant to sections 744.362(1) and 744.363 and Florida Probate Rule 5.690(1), the guardian

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: 362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365

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: 362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365

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: 362, Fla.Stat. Initial guardianship report. 744.363, Fla.Stat. Initial guardianship plan. 744.365

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: 362, Fla.Stat. Initial guardianship report. § 744.363, Fla.Stat. Initial guardianship plan. § 744.365

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: 362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365