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.

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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: Supreme Court of Florida | Date Filed: 2023-12-14

Snippet: authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may not

In Re: Amendments to the Florida Probate Rules - Guardianship

Court: Supreme Court of Florida | Date Filed: 2020-09-03

Snippet: authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may not

Glenda Martinez Smith v. J. Alan Smith

Court: District Court of Appeal of Florida | Date Filed: 2016-03-02

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

Auxier v. Jerome Golden Center for Behavioral Health

Court: District Court of Appeal of Florida | Date Filed: 2012-04-11

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

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

Wixtrom v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2004-01-09

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

Snippet: specific authority from the court, as described in s. 744.3725, a guardian may not: * * * (e) Consent on behalf

In Re Guardianship of JDS

Court: District Court of Appeal of Florida | Date Filed: 2004-01-09

Citation: 864 So. 2d 534, 2004 WL 42619

Snippet: specific authority from the court, as described in s. 744.3725, a guardian may not: * * * (e) Consent on behalf

Mogul v. Mogul

Court: District Court of Appeal of Florida | Date Filed: 1999-05-14

Citation: 730 So. 2d 1287, 1999 WL 299580

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

Vaughan v. Guardianship of Vaughan

Court: District Court of Appeal of Florida | Date Filed: 1994-12-16

Citation: 648 So. 2d 193

Snippet: compliance with the procedural requirements of section 744.3725, Florida Statutes. See Vaughan v. Vaughan, 630

Sun Bank and Trust Co. v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1994-09-30

Citation: 645 So. 2d 1008, 1994 Fla. App. LEXIS 9379, 1994 WL 531274

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

Vaughan v. Vaughan

Court: District Court of Appeal of Florida | Date Filed: 1993-12-03

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

Snippet: for a total of three years. See §§ 744.3215(4), 744.3725 and 61.052(l)(b). Section 61.052(l)(b) indicates

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

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

Lefebvre v. North Broward Hosp. Dist.

Court: District Court of Appeal of Florida | Date Filed: 1990-08-22

Citation: 566 So. 2d 568, 1990 WL 120665

Snippet: authority from the court, as described in section 744.3725, even a guardian appointed pursuant to the provisions