Florida Statutes

Fla. Stat. § 744.369 (2025)

Judicial review of guardianship reports.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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744.369 Judicial review of guardianship reports.—

(1) The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court.

(2) The court may appoint a general or special magistrate to assist the court in its review function. The court may require the general or special magistrate to conduct random field audits.

(3) If an initial or annual report is not timely filed, the court shall order the guardian to file the report or to show cause why the report has not been filed within the prescribed time. Service of the order and subsequent proceedings shall be governed by s. 744.3685.

(4) The court must review the initial and annual guardianship report to determine that the report:

(a) Meets the needs of the ward;

(b) Authorizes the guardian to act only in areas in which an adult ward has been declared incapacitated; and

(5) Upon examining the initial or annual guardianship report, the court shall enter an order approving or disapproving the report. If the court disapproves the report, the court shall order the guardian to provide a revised report or proof of any item in the report to the court. The guardian shall do so within a reasonable amount of time set by court.

(6) If the guardian fails to comply with the court order entered pursuant to subsection (5), the court shall take immediate action to compel compliance or to sanction the guardian after a hearing with appropriate notice to the ward, the ward’s counsel, if any, the guardian, and the ward’s next of kin.

(7) If an objection has been filed to a report, the court shall set the matter for hearing and shall conduct the hearing within 30 days after the filing of the objection. After the hearing, the court shall enter a written order either approving, or ordering modifications to, the report. If an objection is found to be without merit, the court may assess costs and attorney’s fees against the person who made the objection.

(8) The approved report constitutes the authority for the guardian to act in the forthcoming year. The powers of the guardian are limited by the terms of the report. The annual report may not grant additional authority to the guardian without a hearing, as provided for in s. 744.331, to determine that the ward is incapacitated to act in that matter. Unless the court orders otherwise, the guardian may continue to act under authority of the last-approved report until the forthcoming year’s report is approved.

History.—s. 54, ch. 89-96; s. 38, ch. 90-271; s. 1, ch. 99-277; s. 96, ch. 2004-11; s. 17, ch. 2015-83.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1991–2025 · leading case: Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004).

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Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). · cites it 4× “§ 744.369, Fla. Stat. Judicial review of guardianship reports.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “Statutory Reference § 744.369(2), Fla. Stat. Judicial review of guardianship report.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 744.369, Fla. Stat. Judicial review of guardianship reports.”

Rothman-Browning v. Marshall, 83 So. 3d 859 (Fla. 4th DCA 2011). · cites it 10× “” § 744.369(1), Fla. Stat. (2010). Our supreme court has explained that, “[wjhen the words of a statute are plain and unambiguous and convey a definite meaning, courts have no occasion to resort to rules of construction — they must read the statute as written” and the court’s…”

Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997). · cites it 2× “§ 744.3201, Fla. Stat. If there is a determination that the individual is incapacitated a guardian may be appointed pursuant to section 744.”

Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994). “[3] § 744.369(1) and (5), Fla. Stat. (Supp. 1990).”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 744.369, Fla. Stat. Judicial review of guardianship reports.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 4× “§ 744.369, Fla.Stat. Judicial review of guardianship reports.”

Morgan v. Guardianship of Turgeon, 724 So. 2d 175 (Fla. 4th DCA 1999). “See § 744.369(8) (additional authority may not be granted to guardian without a hearing as provided for in section 744.”

Est. of Patricia McLain, McLain, Jr. v. Guardianship of Patricia A. McLain (Fla. 2d DCA 2025). “"); § 744.369(7) ("If an objection has been filed to a report, the court shall set the matter for hearing .”

— 744.369(1) — 2 cases

Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994). “[3] § 744.369(1) and (5), Fla. Stat. (Supp. 1990).”

Rothman-Browning v. Marshall, 83 So. 3d 859 (Fla. 4th DCA 2011). “” § 744.369(1), Fla. Stat. (2010). Our supreme court has explained that, “[wjhen the words of a statute are plain and unambiguous and convey a definite meaning, courts have no occasion to resort to rules of construction — they must read the statute as written” and the court’s…”

— 744.369(2) — 3 cases

Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). “§ 744.369, Fla. Stat. Judicial review of guardianship reports.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “Statutory Reference § 744.369(2), Fla. Stat. Judicial review of guardianship report.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 744.369, Fla.Stat. Judicial review of guardianship reports.”

— 744.369(7) — 2 cases

— 744.369(8) — 1 case

Morgan v. Guardianship of Turgeon, 724 So. 2d 175 (Fla. 4th DCA 1999). “See § 744.369(8) (additional authority may not be granted to guardian without a hearing as provided for in section 744.”

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