Florida Statute 744.441 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.441

744.441 Powers of guardian upon court approval.—After obtaining approval of the court pursuant to a petition for authorization to act, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may do all of the following:

(1) Perform, compromise, or refuse performance of a ward’s contracts that continue as obligations of the estate, as he or she may determine under the circumstances.

(2) Execute, exercise, or release any powers as trustee, personal representative, custodian for minors, conservator, or donee of any power of appointment or other power that the ward might have lawfully exercised, consummated, or executed if not incapacitated, if the best interest of the ward requires such execution, exercise, or release.

(3) Make ordinary or extraordinary repairs or alterations in buildings or other structures; demolish any improvements; or raze existing, or erect new, party walls or buildings.

(4) Subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving consideration; or dedicate easements to public use without consideration.

(5) Enter into a lease as lessor or lessee for any purpose, with or without option to purchase or renew, for a term within, or extending beyond, the period of guardianship.

(6) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(7) Abandon property when, in the opinion of the guardian, it is valueless or is so encumbered or in such condition that it is of no benefit to the estate.

(8) Pay calls, assessments, and other sums chargeable or accruing against, or on account of, securities.

(9) Borrow money, with or without security, to be repaid from the property or otherwise and advance money for the protection of the estate.

(10) Effect a fair and reasonable compromise with any debtor or obligor or extend, renew, or in any manner modify the terms of any obligation owing to the estate.

(11) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the guardian in the performance of his or her duties. Before authorizing a guardian to bring an action described in s. 736.0207, the court shall first find that the action appears to be in the ward’s best interests during the ward’s probable lifetime. There shall be a rebuttable presumption that an action challenging the ward’s revocation of all or part of a trust is not in the ward’s best interests if the revocation relates solely to a devise. This subsection does not preclude a challenge after the ward’s death. If the court denies a request that a guardian be authorized to bring an action described in s. 736.0207, the court must review the continued need for a guardian and the extent of the need for delegation of the ward’s rights.

(12) Sell, mortgage, or lease any real or personal property of the estate, including homestead property, or any interest therein for cash or credit, or for part cash and part credit, and with or without security for unpaid balances.

(13) Continue any unincorporated business or venture in which the ward was engaged.

(14) Purchase the entire fee simple title to real estate in this state in which the guardian has no interest, but the purchase may be made only for a home for the ward, to protect the home of the ward or the ward’s interest, or as a home for the ward’s dependent family. If the ward is a married person and the home of the ward or of the dependent family of the ward is owned by the ward and spouse as an estate by the entirety and the home is sold pursuant to the authority of subsection (12), the court may authorize the investment of any part or all of the proceeds from the sale toward the purchase of a fee simple title to real estate in this state for a home for the ward or the dependent family of the ward as an estate by the entirety owned by the ward and spouse. If the guardian is authorized to acquire title to real estate for the ward or dependent family of the ward as an estate by the entirety in accordance with the preceding provisions, the conveyance must be in the name of the ward and spouse and be effective to create an estate by the entirety in the ward and spouse.

(15) Exercise any option contained in any policy of insurance payable to, or inuring to the benefit of, the ward.

(16) Pay reasonable funeral, interment, and grave marker expenses for the ward from the ward’s estate.

(17) Make gifts of the ward’s property to members of the ward’s family in estate and income tax planning procedures.

(18) When the ward’s will evinces an objective to obtain a United States estate tax charitable deduction by use of a split interest trust (as that term is defined in s. 736.1201), but the maximum charitable deduction otherwise allowable will not be achieved in whole or in part, execute a codicil on the ward’s behalf amending said will to obtain the maximum charitable deduction allowable without diminishing the aggregate value of the benefits of any beneficiary under such will.

(19) Create or amend revocable trusts or create irrevocable trusts of property of the ward’s estate which may extend beyond the disability or life of the ward in connection with estate, gift, income, or other tax planning or in connection with estate planning. The court shall retain oversight of the assets transferred to a trust, unless otherwise ordered by the court.

(20) Renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer.

(21) Enter into contracts that are appropriate for, and in the best interest of, the ward.

(22) As to a minor ward, pay expenses of the ward’s support, health, maintenance, and education, if the ward’s parents, or either of them, are alive.

History.—s. 1, ch. 74-106; ss. 22, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 77-328; s. 281, ch. 79-400; s. 4, ch. 80-203; s. 3, ch. 86-120; s. 2, ch. 87-317; s. 73, ch. 89-96; s. 52, ch. 90-271; s. 1100, ch. 97-102; s. 11, ch. 97-240; s. 5, ch. 2006-77; s. 20, ch. 2006-178; s. 46, ch. 2006-217; s. 12, ch. 2011-183; s. 4, ch. 2017-16; s. 6, ch. 2020-35; s. 6, ch. 2023-287.

Note.—Created from former ss. 744.501, 745.03(2) and (3), 745.20, 745.23.

F.S. 744.441 on Google Scholar

F.S. 744.441 on Casetext

Amendments to 744.441

Arrestable Offenses / Crimes under Fla. Stat. 744.441

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.441.

Annotations, Discussions, Cases:

Cases Citing Statute 744.441

Total Results: 20

Carlos Batista, etc. v. Ramiro A. Rodriguez, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: This does not affect our review of this appeal. § 744.441(11), Fla. Stat. (“[A] plenary guardian of the property

In Re: Amendments to Florida Probate Rules - 2023 Legislation

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

Snippet: Statutes. Also, in response to the repeal of section 744.441(2), Florida Statutes, by chapter 2023-287, section…guardian is required under sections 744.422 or 744.441(1), Florida Statutes, application shallmust be … act of the guardian is required under section 744.441(2), Florida Statutes, application shall be made…preliminary hearing on any petition filed under section 744.441(2), Florida Statutes, shall be held within 72 hours…Subdivisions (a)(2) and (d) were deleted as section 744.441(2), Florida Statutes was repealed. Reference to

LADONNA HUDKINS vs MATTHEW L. HUDKINS, GUARDIAN OF THE PERSON AND THE PROPERTY OF THE WARD, KEITH L. HUDKINS

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-28T00:00:00-07:00

Snippet: permission from the trial court, pursuant to section 744.441(1)(k), Florida Statutes, to initiate and prosecute… independent legal action pursuant to section 744.441(1)(k). See generally McGilton, 868 So. 2d at 1261…pursue an independent legal action under section 744.441(1)(k) to seek to invalidate the transfer of the

DEBORAH DUROSS GUIBORD v. GUARDIANSHIP OF KATHLEEN DUROSS FORD

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-18T00:53:00-07:00

Snippet: 744.531, Fla. Stat. (2012). Section 744.441(16), Florida Statutes (2012), allows a guardian

DEBORAH DUROSS GUIBORD v. GUARDIANSHIP OF KATHLEEN DUROSS FORD

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-01T23:53:00-08:00

Snippet: 744.531, Fla. Stat. (2012). Section 744.441(16), Florida Statutes (2012), allows a guardian

MACY KATHERINE BETZOLD WHEELOCK, etc. v. IN RE: GUARDIANSHIP OF YVONNE BETZOLD

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: approval to defend appeals as required by section 744.441. Second, she argues that the court’s order is

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Fla. | Date Filed: 2021-02-17T23:53:00-08:00

Snippet: confirmation of an act required under section 744.441(2), Florida Statutes (2020). New subdivision (…hearing on a petition filed pursuant to section 744.441(2), Florida Statutes, within seventy-two hours,… personal representative; exceptions. § 744.441(11)(k), Fla. Stat. Powers of guardian upon court… appointment of guardian and hearing. § 744.441(11)(k), Fla. Stat. Powers of guardian upon court… act of the guardian is required under section 744.441(1), Florida Statutes, application shall be made

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Fla. | Date Filed: 2020-12-30T23:53:00-08:00

In Re: Amendments to the Florida Probate Rules - Guardianship

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

Snippet: appointment of guardian and hearing. § 744.441(11), Fla. Stat. Powers of guardian upon court approval

Glenda Martinez Smith v. J. Alan Smith

Court: Fla. | Date Filed: 2017-08-31T00:00:00-07:00

Citation: 224 So. 3d 740, 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759

Snippet: can engage in certain activities, and section 744.441, Florida *748Statutes (2016), delineates the powers

Juan Mendez, Jr., etc. v. Hampton Court Nursing Center, LLC.

Court: Fla. | Date Filed: 2016-09-22T00:00:00-07:00

Citation: 203 So. 3d 146, 41 Fla. L. Weekly Supp. 394, 2016 Fla. LEXIS 2074

Snippet: behalf for his residency at Hampton Court. See § 744.441(21), Fla. Stat. Hampton Court elected not to seek

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Fla. | Date Filed: 2016-09-01T00:00:00-07:00

Citation: 199 So. 3d 835, 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Snippet: petition for appointment of guardian and hearing. § 744.441(11), Fla. Stat. Powers of guardian upon court approval

Rene v. Sykes-Kennedy

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-02T00:00:00-08:00

Citation: 156 So. 3d 518, 2015 Fla. App. LEXIS 16, 2015 WL 24081

Snippet: property only as provided in section 744.441.”). Section 744.441, Florida Statutes (2013) sets forth the…provides elsewhere that, in accordance with section 744.441, a guardian of the property of the settlor may …interest of the ward requires *520such action. See § 744.441(2), Fla. Stat. (2013);1 see also In re Guardianship… 698 (Fla. 4th DCA 1995) (holding that section 744.441(2) authorized exercise of ward’s power to amend…AFFIRMED. PALMER and ORFINGER, JJ., concur. . 744.441 Powers of guardian upon court approval. — After

Romano v. Olshen

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-12T00:00:00-07:00

Citation: 153 So. 3d 912, 2014 WL 940700

Snippet: approved. See § 744.531, Fla. Stat. (2012). Section 744.441(16), Florida Statutes (2012), allows a guardian

Guardianship of J.S.J. v. Pena

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-05T00:00:00-07:00

Citation: 109 So. 3d 1281, 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

Snippet: had to have received court approval to do so. § 744.441(11), Fla. Stat. Likewise, court approval would

Swan v. Trost

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-09T00:00:00-08:00

Citation: 100 So. 3d 1205, 2012 Fla. App. LEXIS 19550

Snippet: review the Trust accounting reports under section 744.441 titled “Powers of guardian upon court approval”… the court. (Emphasis added). However, section 744.441 did not allow the trial court to force the trustee…any acts requiring court approval under sections 744.441 or .446, if he filed a request for notices and … of a petition to perform any [] acts under s. 744.441 [guardian’s powers requiring court approval) or

Hancock v. Share

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-08T00:00:00-07:00

Citation: 67 So. 3d 1075, 2011 Fla. App. LEXIS 10651, 2011 WL 2650887

Snippet: Section 744.441 of the Florida Statutes (2009) reads, in relevant part, as follows: 744.441. Powers of…the age of majority pursuant to Florida Statute 744.441(19)[ 1]; Guardianship of Bernstein v. Miller, 777…concluding that the trust agreements violated section 744.441(19) of the Florida Statutes which authorizes the…and, thus, the limitation set forth in section 744.441(19) was not at issue. Instead, the parties in this…proposed annuity contract which, pursuant to section 744.441(21) of the Florida Statutes, a trial court is authorized

In Re Amend. to Florida Probate Rules

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

Citation: 986 So. 2d 576

Snippet: petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval…petition for court approval required by section 744.441, Florida Statutes. The rule requires that the guardian… § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla. Stat. Powers of guardian upon court approval…added to incorporate 2006 amendment to section 744.441, Florida Statutes. New (c)(3) added to reflect … Rights of persons determined incapacitated. § 744.441, Fla. Stat. Powers of guardian upon court approval

In Re Amendments to the Fl. Probate Rules

Court: Fla. | Date Filed: 2007-07-12T00:53:00-07:00

Citation: 964 So. 2d 140

Snippet: petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval…added to incorporate 2006 amendment to section 744.441, Florida Statutes. New (c)(3) added to reflect … Rights of persons determined incapacitated. § 744.441, Fla. Stat. Powers of guardian upon court approval

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-07-05T00:53:00-07:00

Citation: 959 So. 2d 1170

Snippet: petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval