744.3725
Procedure for extraordinary authority.
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744.3725 Procedure for extraordinary authority.—Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:
(1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act;
(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations;
(3) Personally meet with the incapacitated person to obtain its own impression of the person’s capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court;
(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person’s capacity is not likely to change in the foreseeable future; and
(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person.
The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.
History.—s. 58, ch. 89-96; s. 43, ch. 90-271; s. 25, ch. 95-401; s. 1093, ch. 97-102; s. 3, ch. 2017-16.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1990–2024 · leading case: Glenda Martinez Smith v. J. Alan Smith
Glenda Martinez Smith v. J. Alan Smith (2016)
“Before the court may grant authority, section 744.3725(1), Florida Statutes (2013), requires the court to appoint independent counsel for the ward.”
Vaughan v. Guardianship of Vaughan (1994)
“We reversed that judgment and remanded to the lower tribunal for compliance with the procedural requirements of section 744.3725, Florida Statutes. See Vaughan v.”
In Re Guardianship of JDS (2004)
“[11] § 744.3725, Fla. Stat. (2003). [12] § 744.”
Schiavo Ex Rel. Schindler v. Schiavo (2005)
“§ 744.3725 , on which Plaintiffs rely, is applicable to an action seeking to commit the ward to a facility and other circumstances not relevant to this case.”
Sun Bank and Trust Co. v. Jones (1994)
“§ 744.3725, Fla. Stat. (Supp. 1990). [3] § 744.”
In Re Amendments to the Florida Probate Rules (1991)
“Statutory Reference § 744.3725, Fla. Stat. Procedure for extraordinary authority.”
GALBRAITH v. GALBRAITH (2024)
“I do not agree that any of these facts should be mentioned or are relevant to our interpretation of the statute in this case.”
In Re Amend. to Florida Probate Rules (2008)
“§ 744.3725, Fla. Stat. Procedure for extraordinary authority.”
Wixtrom v. Department of Children & Families (2004)
“§ 744.3725, Fla. Stat. (2003). . § 744.107, Fla.”
Lefebvre v. North Broward Hosp. Dist. (1990)
“3215(4)(e), Florida Statutes (1989), provides that without first obtaining specific authority from the court, as described in section 744.3725, even a guardian appointed pursuant to the provisions of chapter 744 may not consent on behalf of the ward to the performance of a…”
Vaughan v. Vaughan (1993)
“Section 744.3725, Florida Statutes, on which petitioner relies, requires the court to authorize the guardian to act after specific steps have been taken and only on clear and convincing evidence.”
In re Amendments to the Florida Probate Rules (1992)
“§ 744.3725, Fla.Stat. Procedure for extraordinary authority.”
— 744.3725(1) — 2 cases
Glenda Martinez Smith v. J. Alan Smith (2016)
“Before the court may grant authority, section 744.3725(1), Florida Statutes (2013), requires the court to appoint independent counsel for the ward.”
— 744.3725(5) — 2 cases
Glenda Martinez Smith v. J. Alan Smith (2016)
“Before the court may grant authority, section 744.3725(1), Florida Statutes (2013), requires the court to appoint independent counsel for the ward.”
Lefebvre v. North Broward Hosp. Dist. (1990)
“3215(4)(e), Florida Statutes (1989), provides that without first obtaining specific authority from the court, as described in section 744.3725, even a guardian appointed pursuant to the provisions of chapter 744 may not consent on behalf of the ward to the performance of a…”
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