Florida Statutes
Fla. Stat. § 744.391 (2025)
Actions by and against guardian or ward.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.391 Actions by and against guardian or ward.—If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward.
Note.—Created from former s. 744.61.
Notes of Decisions
Cited in 23
cases (1 in the last 5 years), 1977–2025 · leading case: Florida Power & Light Co. v. MacIas by MacIas, 507 So. 2d 1113 (Fla. 3d DCA 1987).
Florida Power & Light Co. v. MacIas by MacIas, 507 So. 2d 1113 (Fla. 3d DCA 1987). “It should have become apparent to the trial court that Ileana's interests were not being represented when Neisis argued that she was entitled to a disproportionate share of the settlement fund and failed to object on Ileana's behalf to the other multifarious claims by the…”
Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA 1980). “[3] § 744.391 Fla. Stat. (1979). [4] § 62.062(2)(a) Fla.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.391, Fla. Stat. Actions by and against guardian or ward.”
In Re Guardianship of Shell, 978 So. 2d 885 (Fla. 2d DCA 2008). “We also note that section 744.391, Florida Statutes (2005), requires the probate court to appoint a guardian ad litem to represent the interests of the ward "if the interest of the guardian is adverse to that of his or her ward.”
In Re the Matter of Castro, 344 So. 2d 270 (Fla. 4th DCA 1977). “Section 744.391, Florida Statutes (1975).”
TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). “§ 744.391, Fla. Stat. (2004). Pursuant to section 914.”
In Re Guardianship of Jansen, 405 So. 2d 1074 (Fla. 2d DCA 1981). “This was properly done in accordance with Section 744.391, Florida Statutes (1979), which provides in pertinent part: "If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his ward, a guardian ad litem…”
Burden v. Dickman, 547 So. 2d 170 (Fla. 3d DCA 1989). “Appointment of a guardian ad litem is mandated where the interest of the guardian is adverse to that of the ward, § 744.391, Fla. Stat. (1987), no less so when a natural guardian is involved.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “308, and F.S. 744.391, and includes some of the provisions of prior FPR 5.”
Bachinger v. Sunbank/South Florida, NA, 675 So. 2d 186 (Fla. 4th DCA 1996). “See § 744.391, Fla.Stat. (1993); Fla.Prob.R. 5.”
Auerbach v. McKinney, 549 So. 2d 1022 (Fla. 3d DCA 1989). “3d DCA 1987), relying upon Florida Statute Section 744.391; In re: Estate of Verdier, 281 So.”
Jannis v. Tanner, 533 So. 2d 300 (Fla. 3d DCA 1988). “The trial court did not either appoint a guardian ad litem as is mandatorily required by section 744.391, Florida Statutes (1987) [2] ; Florida Power & Light Co.”
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