Florida Statute 744.3725 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3725

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.

F.S. 744.3725 on Google Scholar

F.S. 744.3725 on Casetext

Amendments to 744.3725

Arrestable Offenses / Crimes under Fla. Stat. 744.3725

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3725.

Annotations, Discussions, Cases:

Cases Citing Statute 744.3725

Total Results: 14

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Court: Fla. | Date Filed: 2023-12-14T00:00:00-08:00

Snippet: authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may not…court, pursuant tounder sections 744.3215(4) and 744.3725, Florida Statutes, the guardian advocate (co-guardian

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Fla. | Date Filed: 2020-09-03T00:53:00-07:00

Snippet: authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may not…the court, pursuant to sections 744.3215(4) and 744.3725, Florida Statutes, the guardian advocate (co-guardian

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-02T00:00:00-08:00

Citation: 199 So. 3d 911, 2016 Fla. App. LEXIS 3130

Snippet: Before the court may grant authority, section 744.3725(1), Florida Statutes (2013), requires the court…independent counsel for the ward. Additionally, section 744.3725(5), Florida Statutes (2013), requires the court

Auxier v. Jerome Golden Center for Behavioral Health

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-11T00:00:00-07:00

Citation: 85 So. 3d 1164, 2012 Fla. App. LEXIS 5572, 2012 WL 1192102

Snippet: on the petition for authority to act." § 744.3725(1), Fla. Stat. (2011). As this court has recognized

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: Rights of persons determined incapacitated. § 744.3725, Fla. Stat. Procedure for extraordinary authority

Wixtrom v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-09T00:00:00-08:00

Citation: 864 So. 2d 534, 2004 Fla. App. LEXIS 161

In Re Guardianship of JDS

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-08T23:53:00-08:00

Citation: 864 So. 2d 534

Snippet: specific authority from the court, as described in s. 744.3725, a guardian may not: * * * (e) Consent on behalf…or abortion procedure on the ward. *547 Section 744.3725, Florida Statutes, states in pertinent part: Before… § 744.3215(4)(e), Fla. Stat. (2003). [11] § 744.3725, Fla. Stat. (2003). [12] § 744.107, Fla. Stat

Mogul v. Mogul

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-14T00:00:00-07:00

Citation: 730 So. 2d 1287

Snippet: competent spouse. See §§ 744.3215(4)(c) & 744.3725, Fla. Stat. (1997). See also Vaughan v. Guardianship

Vaughan v. Guardianship of Vaughan

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-15T23:53:00-08:00

Citation: 648 So. 2d 193

Snippet: compliance with the procedural requirements of section 744.3725, Florida Statutes. See Vaughan v. Vaughan, 630…specific authority from the court, as described in s. 744.3725, a guardian may not: ..... (c) Initiate a petition…behalf of an incapacitated ward. Although section 744.3725 provides that the above-quoted provision is procedural…be refiled to meet the requirements of section 744.3725, Florida Statutes, it should have been clear to

Sun Bank and Trust Co. v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-30T00:53:00-07:00

Citation: 645 So. 2d 1008

Snippet: authorize the action sought by the guardian. Cf. § 744.3725, Fla. Stat. (Supp. 1990). [3] § 744.369(1) and

Vaughan v. Vaughan

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-03T00:00:00-08:00

Citation: 630 So. 2d 1150, 1993 Fla. App. LEXIS 11978, 1993 WL 495973

Snippet: dissolution and will have to be refiled. Section 744.3725, Florida Statutes, on which petitioner relies,

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1992-09-24T00:00:00-07:00

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: Rights of persons determined incapacitated. § 744.3725, Fla.Stat. Procedure for extraordinary authority

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1991-08-22T00:53:00-07:00

Citation: 584 So. 2d 964

Snippet: 1991 Revision: New rule. Statutory Reference § 744.3725, Fla. Stat. Procedure for extraordinary authority

Lefebvre v. North Broward Hosp. Dist.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-08-22T00:53:00-07:00

Citation: 566 So. 2d 568

Snippet: authority from the court, as described in section 744.3725, even a guardian appointed pursuant to the provisions…sterilization or abortion procedure on the ward. Section 744.3725 provides that before the court may grant authority…sections 390.001(4), 744.331, 744.3215(4)(e), and 744.3725) which apply to the specific situation involved…applicable to this case. Also, we note that section 744.3725(5), which sets forth the procedures for extraordinary…authority from the court, as described in section 744.3725, to consent to a termination of Ms. Lefebvre'