CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1989 WL 61532
.... [and] [a]t the termination of the guardianship, to deliver the assets of the ward to the person lawfully entitled to them." §§ 744.377(1)(a), (c), Fla. Stat. (1987) (emphasis added); 28 Fla. Jur.2d Guardian and Ward §§ 43, 51 (1981). Although Section 744.441(19), Florida Statutes (1987), may authorize a guardian, upon court approval, to create a revocable or irrevocable trust, the trust is to be created from " property of the ward's estate....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...[4] This principle has been called the "doctrine of substituted judgment." [5] Under this principle, proposed inter vivos gifts for tax planning purposes have been both approved and disapproved. [6] In its new probate code, Florida has adopted a specific statute to deal with gifts for tax purposes. Section 744.441(17), Florida Statutes (1979), reads: 744.441 Powers of guardian upon court approval....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 9379, 1994 WL 531274
...id to them, which relate to the "home plan." It alleged the "home plan" was "excessive" and unauthorized. Specifically, it objected to any sums expended in furtherance of the "home plan," because it was a direct conflict of interest and forbidden by section 744.441 (Powers of Guardian upon Court Approval) and other provisions of the Florida Guardianship Law....
...On March 8, 1993, Sun Bank once again filed objections to payment for services relating to the "home plan." It alleged the "home plan" was wasteful and unjustified, and posed a conflict of interest. It also alleged the "home plan" was forbidden by section 744.441(14) and could not be authorized by the court....
...ector, shareholder, or proprietor, or has any financial interest. Standing by itself, this provision could be interpreted as allowing Jones to carry out the "home plan" proposed in this case, provided court approval was obtained in advance. However, section 744.441(14) appears to prohibit the "home plan," even if court approval is obtained....
...may * * * * * * (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... ." (emphasis supplied) This is a much older statute than section
744.446. Section
744.441(14) first appeared in the Florida Statutes as section 745.03 in Florida's first major codification of its guardianship laws in 1945. Redfern Wills and Administration in Florida § 25-1. It was recodified as section
744.441(17) in 1975, and as
744.441(14) in 1977....
...e on guardians in dealing with their ward's property. [12] If a transaction involves a conflict of interest between guardian and ward, it is strictly prohibited. Whether the transaction is fair to the ward or in his best interest is irrelevant. [13] Section 744.441(14) permits guardians to purchase Florida real estate for their wards only for one purpose a dwelling for the ward and for the ward's family, and only if the guardian does not own the real estate to be sold to the ward's estate....
...It deals with indirect ownership or control of property to be sold to a ward. Only with the court's approval and recognition of a potential conflict of interest can real estate indirectly owned or controlled by a guardian or a close family member of the guardian, be sold to the ward. It is a much broader prohibition than section 744.441(14) and was designed for a more complicated business era than the one section 744.441(14) operated in. However, section 744.441(14) continues to bar direct sales of real estate from guardian to ward under any circumstances. We thus conclude that the "home plan" in this case is a transaction prohibited by section *1019 744.441(14) because Jones and his wife own the real estate proposed to be sold to Jones' ward, Donald....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. §
744.106, Fla. Stat. Notice and virtual representation. §
744.331(4), Fla. Stat. Adjudication of persons mentally or physically incompetent; procedure. § 744.337, Fla. Stat. Notice of hearing. §
744.441, Fla....
...rt, due within 60 days of appointment, and the annual financial returns; (2) initial and annual reports, and final accounting; (3) petition for approval of resignation and for order of discharge; and (4) any petition for court approval required by F.S. 744.441....
...r court approval required by law; (f) petition for discharge; (g) final report; and (h) resignation of guardian. Committee Notes Rule History 1975 Revision: Rule lists what guardian shall sign and includes any petition for court approval required by section 744.441, Florida Statutes....
...Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla. Stat. Settlement of claims. §
744.441, Fla....
...FPR 5.690 Initial guardianship report. FPR 5.700 Objection to guardianship reports. RULE 5.630. PETITION AND NOTICE FOR APPROVAL OF ACTS (a) Petition Contents. When authorization or confirmation of any act of the guardian is required pursuant to F.S. 744.441 or F.S....
...action requested conforms to the guardianship plan. (b) Notice. No notice of a petition to authorize sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other acts under F.S. 744.441 or F.S....
...1988 Revision: Editorial changes; captions added to subdivisions. Committee notes revised. Citation form changes in rule and committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 revised guardianship law. Statutory References § 744.441, Fla....
...g the guardian to discontinue and to wind up the business or venture, and the court, after notice to the guardian, shall enter such order thereon as is in the best interest of the ward's estate. Committee Notes Rule History 1975 Revision: Implements section 744.441(16), Florida Statutes....
...1988 Revision: Change in title of rule; captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Editorial changes in (a), (b), and (e). Statutory References § 744.441(13), Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817
...Finally, the district court opinion improperly noted that "[w]e think it most appropriate that the Bank signed a petition along with Camille, in which it was alleged that Camille wanted [Bryan] to have this property and that the transfer was being contemplated as an estate planning procedure. Section
744.441(17) provides expressly therefor."
468 So.2d at 245. We disagree. Section
744.441(17) involves powers of the guardian, not the ward....
...his ward's property" annually under section 744.427 only for that property placed in his control, and he is otherwise bound as to that property under ordinary principles of guardianship. In dealing with that property, then, he must obtain court approval if required by section
744.441, and may act in its absence if so permitted under section
744.444....
...terested parties, including the grantee, the heirs, and the personal representative of the estate. We therefore find that under these circumstances the civil division's findings as to the deed's validity constituted the court approval required under section 744.441(12)....
...it prudently and account for it faithfully. § 744.377, Fla. Stat. (1985). To carry out this responsibility, the guardian must exercise his independent judgment. If he has any doubt as to his authority, he can petition the court for approval to act. § 744.441, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700
...the death of the ward. The guardian of property is not discharged upon the ward’s death, but must continue the administration until a petition for discharge is granted and his or her final accounting is approved. See §
744.531, Fla. Stat. (2012). Section
744.441(16), Florida Statutes (2012), allows a guardian, with court approval, to pay “reasonable funeral, interment, and grave marker expenses for the ward from the ward’s estate, up to a maximum of $6,000.” Upon applying for discharge,...
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...rida Statutes. In section
744.387(3)(a), it is provided that no settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action. Again in Section
744.441 the guardian may act only after obtaining approval of the court in (7) abandoning property (and basically this is what happens if a mortgage is permitted to be foreclosed without objection by the guardian), (11) prosecute or defend cl...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...s of guardianship does not affect the validity of that order. § 744.313. Because Mr. Ahlman was the guardian of Mrs. Hand's property at the time he received the $25,000, he was, as the trial court found, legally incapable of accepting the gift. See §
744.441(17) (involuntary guardian may make gifts of ward's property to members of ward's family only upon court approval ); see also §
744.341(2) (voluntary guardian has same duties and responsibilities as involuntary guardian of property)....
...The guardian's argument on this point defies the entire statutory scheme. The guardian's general duties are defined in Section 744.377, and other statutes detail specifically what the guardian may do with *444 respect to the ward's property with court approval, Section
744.441, and without court approval, Section
744.444....
...Ahlman gave the "go-ahead" to the auction house on November 30, 1980, after the guardianship had commenced. Yet, Mr. Ahlman did not petition the court for approval until December 8, 1980, and again on January 16, 1981. The court denied both petitions. Under Section 744.441(12), a guardian may sell the personal property of the ward only with the approval of the court....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 1853919
...He also proffered that Medicaid planning was legally permissible and would not result in any penalty to Mackey. Nevertheless, the court found that it was not in the best interest of the ward to allow Medicaid planning, and denied the petition. This appeal followed. The necessary starting point is section 744.441, Florida Statutes (1999), which provides in part, 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 grant...
...guardianship report, may: * * * * (17) Make gifts of the ward's property to members of the ward's family in estate and income tax planning procedures. * * * * (21) Enter into contracts that are appropriate for, and in the best interest of, the ward. § 744.441(17), (21), Fla....
...tially lacks discretion to deny the petition if there is competent substantial evidence to support it. We disagree with this position. First, it is unclear whether this form of Medicaid planning is even authorized under state or federal law. Second, section 744.441 makes clear that the court must approve any proposed exercise of power by the guardian. As no specific criteria are set forth for the trial court, the approval or disapproval of a specific exercise of power under section 744.441 by a guardian falls within the discretion of the trial court, using the substituted judgment standard as set forth above....
CopyCited 3 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 394, 2016 Fla. LEXIS 2074
...petitioned for a court to adjudicate the father incapacitated and appoint a guardian. See §§
744.3201,
744.334, Fla. Stat. An appointed guardian would have held the power to contract on the father’s behalf for his residency at Hampton Court. See §
744.441(21), Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 493, 2007 Bankr. LEXIS 2357
...as a designated beneficiary, the Debtors' minor granddaughter must also consent to revocation of the trust. (Ex. 5 at p. 9-10, 14). Trustee reasons that, although Debtors are the legal guardians of their granddaughter, pursuant to Florida Statutes §§
744.441 and
744.444, they do not have the authority to make a decision on her behalf, regarding revocation of the *558 Trust, without first petitioning a court to grant them that right....
...ere is no valid support to be found in the Engelke decision that would sway this Court to impose the harsh result that he seeks. Denying the Debtors' claim for constitutional homestead protection on the Real Property, merely because Florida Statutes § 744.441 provides that Debtors would need to petition a court for the authority to act on behalf of their minor granddaughter, would produce neither a logical or equitable result, and could also open Pandora's box regarding public policy concerns....
...[3] Florida Statutes, §
744.444 authorizes guardians to take certain actions on behalf of their ward(s) without obtaining prior court approval. Revoking an interest in a trust is not one of the 17 actions permitted without leave of court, pursuant to §
744.444. Therefore, in accordance with Florida Statutes, §
744.441 the Debtors would need to obtain court approval before renouncing their granddaughters' interest in the Trust. Section
744.441 lists 22 separate acts that a guardian may take on behalf of their ward(s), after obtaining court approval, including disclaiming any interest by inter vivos transfer. See Fla. Stat. §
744.441(20) (2007). As the Debtors' granddaughter obtained her interest in the Trust by inter vivos transfer, §
744.441(20) is applicable.
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1993 WL 33787
...For the reasons that follow, we hold that a guardian, with the approval of the court, does have statutory power to establish and modify IRA trusts or IRA custodial accounts for the ward. This power includes the authority to designate the ward's estate or family members as beneficiaries for the IRA contract. See § 744.441(17), (19), (21), Fla....
...her party. Millman v. First Fed. Sav. & Loan Ass'n,
198 So.2d 338 (Fla. 4th DCA 1967). See also § 709.08(2), Fla. Stat. (Supp. 1992) (durable power of attorney automatically revoked upon adjudication of incompetency). IV. THE GUARDIAN'S POWER UNDER SECTION
744.441(17), (19), AND (21), FLORIDA STATUTES (1991) Because the power of attorney did not give John the authority to execute the new beneficiary form, the trial court concluded that it was obligated to enforce the designation in the 1981 Citibank form....
...an described in the two subsequent wills. The trial court was undoubtedly influenced by the comparison between a beneficiary of an IRA and a beneficiary of a will. Guardians do not have broad, express statutory powers to write wills for their wards. Section 744.441(18), Florida Statutes (1991), permits a guardian to execute a codicil amending the ward's will, but only *1348 to gain a specific estate tax benefit....
...to writing or amending a will. Indeed, we conclude that the guardian with circuit court authorization could designate the estate of William Goeke as the primary beneficiary in order for these assets to be distributed pursuant to the ward's own will. Section 744.441, Florida Statutes (1991), enumerates many powers that the guardian may exercise with the approval of the court....
...t or custodial account is a creature of federal tax law that has some of the common law characteristics of a trust and some of a contract. I.R.C. § 408(a), (h). While an IRA is clearly not a trust for all aspects of Florida law, for the purposes of section 744.441, we conclude that these two statutory powers permit a guardian to create and modify such accounts, when appropriate for, and in the best interests of, the ward....
...An IRA is a tax planning procedure that can affect the ward's income tax. Thus, subsection (17) supports a designation of the ward's family members as beneficiaries of an IRA. Obviously, an exercise of this power, like many other powers described in section 744.441, should be approved by the circuit court with caution and deliberation....
CopyCited 2 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702
...take “[w]ith~ out first obtaining specific authority from the court.” (Emphasis added.) Similarly, section
744.446(2), Florida Statutes (2016), requires “prior approval” by court order before a guardian can engage in certain activities, and section
744.441, Florida *748 Statutes (2016), delineates the powers a guardian has “[ajfter obtaining approval of the court.” (Emphasis added.) See also §
744.1098(1), Fla Stat....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 608558
...See Sun Bank and Trust Co. v. Jones,
645 So.2d 1008 (Fla. 5th DCA 1994), rev. denied,
658 So.2d 991 (Fla.1995). In the first appeal, this court held that the trial court could not authorize the sale of land owned by the guardian to the ward because section
744.441(4), Florida Statutes, bars direct sales of real estate from a guardian to a ward under any circumstances....
...ting the guardian before or after 7 December because a conflict of interest existed between the guardian and Nichols, and there was no court approval. This court held: We thus conclude that the "home plan" in this case is a transaction prohibited by section 744.441(14) because Jones and his wife own the real estate proposed to be sold to Jones' ward, [Nichols]....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...Notice. §
744.301, Fla. Stat. Natural guardians. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.441, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...Final discharge. §
744.106, Fla. Stat. Notice. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.441, Fla....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 revised guardianship law. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2006 Revision: New (a)(6) added to incorporate 2006 amendment to section 744.441, Florida Statutes....
...New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. Statutory References § 737.2065736.0207, Fla. Stat. Trust contests. §
744.3215, Fla. Stat. Rights of persons determined incapacitated. §
744.441, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 295
...erty in the family following her demise. It stated further that it was her desire to lessen the estate tax consequences to the ward's family and estate by transferring the subject property "as part of an estate planning procedure, as contemplated in § 744.441, Florida Statutes." The petition also stated that Reed Bryan III was to pay $100,000 as the purchase price therefor in the form of a promissory note; and to the extent the value of the property exceeded the note, the transaction was a gift....
...utes generally. We think it most appropriate that the Bank signed a petition along with Camille, in which it was alleged that Camille wanted appellee to have this property and that the transfer was being contemplated as an estate planning procedure. Section 744.441(17) provides expressly therefor....
CopyPublished | Supreme Court of Florida
...Advance directives for health care.
-6-
§
744.3201, Fla. Stat. Petition to determine incapacity.
§
744.331, Fla. Stat. Procedures to determine incapacity.
§
744.3371, Fla. Stat. Notice of petition for appointment of guardian and
hearing.
§
744.441(11), Fla....
CopyPublished | Supreme Court of Florida | 1989 WL 139493
...ue within 60 days of appointment, and the annual financial returns; *455 (2) initial and annual reports, and final accounting; (3) petition for approval of resignation and for order of discharge; and (4) any petition for court approval required by F.S. 744.441....
...The appraisal, if endorsed by the guardian, may be considered an inventory of that part of the estate so appraised. RULE 5.630 PETITION AND NOTICE FOR APPROVAL OF ACTS (a) Petition. When authorization or confirmation of any act of the guardian is required pursuant to F.S. 744.441 or F.S....
...ce and terms of a sale, mortgage, or other contract. (b) Notice. No notice of a petition to authorize sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other acts under F.S. 744.441 or F.S....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. F.S.
744.106 Notice and virtual representation. F.S.
744.331(4) Adjudication of persons mentally or physically incompetent; procedure. F.S. 744.337 Notice of hearing. F.S.
744.441 Powers of guardian upon court approval....
...or rule. Rule History 1984 Revision: New rule. 1988 Revision: Committee notes expanded. Statutory References F.S.
733.612(20) Transactions authorized for the personal representative; exceptions. F.S.
733.705(3) Payment of and objection to claims. F.S.
744.441(11) Powers of guardian upon court approval....
...Committee notes revised and expanded. 1988 Revision: Editorial change in caption of (b). Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
733.612(22) Transactions authorized for the personal representative; exceptions. F.S.
744.441(13) Powers of guardian upon court approval....
...744.347 Oath of guardian. RULE 5.610. EXECUTION BY GUARDIAN The guardian shall sign the: (1) inventory; (2) annual and final accountings; (3) petition for approval of resignation and for order of discharge; and (4) any petition for court approval required by F.S. 744.441. Committee Notes Rule History 1975 Revision: Rule lists what guardian shall sign and includes any petition for court approval required by F.S. 744.441....
...1988 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S. 744.377(4) Duties of guardian of the property. F.S.
744.387 Settlement of claims. F.S. 744.427 Annual returns. F.S.
744.441 Powers of guardian upon court approval....
...to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S.
744.447(2). 1988 Revision: Editorial changes; captions added to paragraphs. Committee notes revised. Citation form changes in rule and committee notes. Statutory Reference F.S.
744.441 Powers of guardian upon court approval....
...1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Change in title of rule; captions added to paragraphs. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 744.441(13) Powers of guardian upon court approval....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. F.S.
744.106 Notice and virtual representation. F.S.
744.331(4) Adjudication of persons mentally or physically incompetent; procedure. F.S. 744.337 Notice of hearing. F.S.
744.441 Powers of guardian upon court approval....
...733.705(3). Rule History 1984 Revision: New rule. 1988 Revision: Committee notes expanded. Statutory References F.S.
733.612(20) Transactions authorized for the personal representative; exceptions. F.S.
733.705(3) Payment of and objection to claims. F.S.
744.441(11) Powers of guardian upon court approval....
...Committee notes revised and expanded. 1988 Revision: Editorial change in caption of (b). Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
733.612(22) Transactions authorized for the personal representative; exceptions. F.S.
744.441(13) Powers of guardian upon court approval....
...744.347 Oath of guardian. RULE 5.610. EXECUTION BY GUARDIAN (a) The guardian shall sign the: (1) Inventory; (2) Annual and final accountings; (3) Petition for approval of resignation and for order of discharge; and (4) Any petition for court approval required by FGL 744.441....
...EXECUTION BY GUARDIAN [a] The guardian shall sign the: (1)Inventory-inventory; (2) A-nnualannual and final accountings; (3) Petitionpetition for approval of resignation and for order of discharge; and (4) Anyany petition for court approval required by FGLF.S. 744.441. Committee Notes 1975 Revision: Rule lists what guardian shall sign and includes any petition for court approval required by F.S. 744.441....
...1988 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S. 744.377(4) Duties of guardian of the property. F.S.
744.387 Settlement of claims. F.S. 744.427 Annual returns. F.S.
744.441 Powers of guardian upon court approval....
...he price and terms of a sale, mortgage or other contract. (b) No notice of a petition to authorize a sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other act under FGL 744.441 shall be given to the guardian of the person and to those interested persons who have filed a request for notices and copies of pleadings....
...the price and the terms of the sale, or (2) If the sale is to be public, the order shall state that the sale shall be made to the highest bidder and the court reserves the right to reject all bids. (d) An order for any other act permitted under FGL 744.441 shall describe the permitted act and authorize the guardian to perform it or confirm its performance....
...to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S.
744.447(2). 1988 Revision: Editorial changes; captions added to paragraphs. Committee notes revised. Citation form changes in rule and committee notes. Statutory Reference F.S.
744.441 Powers of guardian upon court approval....
...1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Change in title of rule; captions added to paragraphs. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 744.441(13) Powers of guardian upon court approval....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...Distribution; final discharge. §
744.106, Fla. Stat. Notice. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.441, Fla....
...Citation form changes in committee notes. 2000 Revision: Subdivision (b) amended to eliminate requirement to set forth nature and value of ancillary assets. Statutory References §
733.612(20), Fla. Stat. Transactions authorized for the personal representative; exceptions. §
744.441(11), Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...§
744.331(4), Fla.Stat. Adjudication of persons mentally or physically incompetent; — procedureTProcedures to determine incapacity. § 744,337, Fla.Stat, — Notice of hearings § 744,3371, Fla.Stat. Notice of petition for appointment of guardian and hearing. §
744.441, Fla.Stat....
...1988 Revision: Committee notes expanded. 1992 Revision: Editorial change. Citation form changes in committee notes. Statutory References
733.612(20), Fla.Stat. Transactions authorized for the personal representative; exceptions. F.S, 733,705(3) Payment of and objection to claims.
744.441(11), Fla.Stat....
...Citation form changes in rule and committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 revised guardianship law. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 744.441, Fla.Stat....
...d settlement on behalf of the minor. Rule History 1992 Revision: New rule. Statutory References §
744.301, Fla.Stat. Natural guardians. §
744.387, Fla.Stat. Settlement of claims. *1376 § 744,391, Fla.Stat. Actions by and against guardian or ward. §
744.441, Fla.Stat....
...Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Editorial changes in (a), (b), and (e). 1992 Revision: Citation form changes in committee notes. Statutory References § 744.441(13), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...(2021).
Wheelock challenges the court’s order on two grounds. First, she
argues that the Guardianship Estate is not entitled to attorney’s fees for any
appellate work because it did not obtain approval to defend appeals as
required by section 744.441....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080
...e guardianship or Trust, or any statutory right, as a nonshareholder, to Citrus Park corporate information. Trust Documents Matthias Trost argues that the trial court had authority to allow Matthias Trost to review the Trust accounting reports under section 744.441 titled “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 gr...
...that the ward might have lawfully exercised, consummated, or executed if not incapacitated.... [[Image here]] (19) ... The court shall retain oversight of the assets transferred to a trust, unless otherwise ordered by the court. (Emphasis added). However, section 744.441 did not allow the trial court to force the trustee to disclose Trust documents to Matthias Trost on the basis that he was next of kin....
...e lacks any standing as a shareholder. Guardianship Reports Section
744.447(2), Florida Statutes (2011), 5 entitled Matthias Trost, as next of kin, 6 to notice of the guardian’s petitions to perform any acts requiring court approval under sections
744.441 or .446, if he filed a request for notices and copies of pleadings, as provided in the Florida Probate Rules....
...inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available. (Emphasis added). .
744.447 Petition for authorization to act.— [[Image here]] (2) ... Notice of a petition to perform any [] acts under s.
744.441 [guardian’s powers requiring court approval) or s....
CopyPublished | District Court of Appeal of Florida
This does not affect our review of this appeal. §
744.441(11), Fla. Stat. (“[A] plenary guardian of the
CopyPublished | Florida 4th District Court of Appeal
...As we have previously explained:
The guardian of property is not discharged upon the ward’s
death, but must continue the administration until a petition
for discharge is granted and his or her final accounting is
approved. See §
744.531, Fla. Stat. (2012). Section
744.441(16), Florida Statutes (2012), allows a guardian, with
court approval, to pay “reasonable funeral, interment, and
grave marker expenses for the ward from the ward’s estate, up
to a maximum of $6,000.” Upon...
CopyPublished | Florida 4th District Court of Appeal
... The guardian of property is not discharged upon the ward’s
death, but must continue the administration until a petition
for discharge is granted and his or her final accounting is
approved. See §
744.531, Fla. Stat. (2012). Section
744.441(16), Florida Statutes (2012), allows a guardian, with
court approval, to pay “reasonable funeral, interment, and
grave marker expenses for the ward from the ward’s estate, up
to a maximum of $6,000.” Upon...
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5821, 1992 WL 118343
...cessor appointed in his place. 6 If no such compelling conflict exists, then the court could appoint a court monitor, pursuant to section
744.107, 7 to report to the court and guardian ad litem as to whether or not any exercise of powers pursuant to section
744.441 is advisable and in the ward’s best interest....
...ghts. Glatthar could then continue as plenary guardian in all other regards, and Nelson’s testamentary documents would continue to be sequestered. REVERSED and REMANDED. COBB and GRIFFIN, JJ., concur. . Apparently Nelson has no surviving spouse. . Section 744.441, Florida Statutes (1989) makes specific provision (inter alia) that: 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 with...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4619, 1990 WL 88095
...Tanner’s property cannot affect an otherwise proper sale of the property. In addition, Mrs. Tanner’s adjudicated incapacity empowered Barnett, with the court’s authorization, to sell Mrs. Tanner’s residence notwithstanding Mr. Tanner’s refusal to join in a conveyance. See Art. X, § 4(c), Fla. Const.; § 744.441, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13617
...rida Statutes. In section
744.387(3)(a), it is provided that no settlement after an action has been commenced by or on behalf of a minor or other incompetent shall be effective unless approved by the court having jurisdiction of the action. Again in Section
744.441 the guardian may act only after obtaining approval of the court in (7) abandoning property (and basically this is what happens if a mortgage is permitted to be foreclosed without objection by the guardian), (11) prosecute or defend cl...
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Distribution; -IFinal discharge. §
744.106, Fla. Stat. Notice. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.441, Fla....
...r court approval required by law; (f) petition for discharge; (g) final report; and (h) resignation of guardian. Committee Notes Rule History 1975 Revision: Rule lists what guardian shall sign and includes any petition for court approval required by section 744.441, Florida Statutes....
...§
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. *1149 §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla. Stat. Settlement of claims. §
744.441, Fla....
...Rule History 1992 Revision: New rule. 2003 Revision: Committee notes revised. Statutory References §
744.301, Fla. Stat. Natural guardians. §
744.387, Fla. Stat. Settlement of claims. §
744.391, Fla. Stat. Actions by and against guardian or ward. §
744.441, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 10651, 2011 WL 2650887
...The order reads: The Court denies the guardian’s request for authority to purchase an annuity contract for the benefit of the minor child payable beyond the age of majority. The Guardian of the property has no authority to bind the assets of the ward beyond the age of majority pursuant to Florida Statute 744.441(19)[ 1 ]; Guardianship of Bernstein v....
...The trial court eventually entered an order approving the creation of the irrevocable trusts under which the children could not receive the principal of their inheritances until they reached age thirty. Upon review, the Fourth District struck the trial court’s order, concluding that the trust agreements violated section
744.441(19) of the Florida Statutes which authorizes the creation of irrevocable trusts which extend beyond the disability of the ward only if the trust is created in connection with tax planning.
777 So.2d at 1127 . Here, there were no trust documents at issue and, thus, the limitation set forth in section
744.441(19) was not at issue. Instead, the parties in this case submitted a proposed annuity contract which, pursuant to section
744.441(21) of the Florida Statutes, a trial court is authorized to approve, provided that the contract is “appropriate for, and in the best interest of, the ward.” All parties and the trial court agreed that the annuity contract proposed by the parties in this case was in the minor’s best interest....
...interest in it and anything that may be the subject of ownership.”). Accordingly, the trial court erred in refusing to approve the structured portion of the proposed settlement agreement. REVERSED and REMANDED. GRIFFIN and EVANDER, JJ„ concur. . Section 744.441 of the Florida Statutes (2009) reads, in relevant part, as follows: 744.441....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Natural guardians. §
744.3085, Fla. Stat. Guardian advocates. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.441, Fla....
...Stat. Oath of guardian. RULE 5.610. EXECUTION BY GUARDIAN The guardian shall sign the: (a) (h) [No change.] Committee Notes Rule History 1975 Revision: Rule lists what guardian shall sign and includes any petition for court approval required by section 744.441, Florida Statutes....
...Initial guardianship plan. §
744.365, Fla. Stat. Verified inventory. §
744.367, Fla. Stat. Duty to file annual guardianship report. §
744.3675, Fla. Stat. Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla. Stat. Settlement of claims. §
744.441, Fla....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 revised guardianship law. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2006 Revision: New (a)(6) added to incorporate 2006 amendment to section 744.441, Florida Statutes....
...2007 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
736.0207, Fla. Stat. Trust contests. §
744.3215, Fla. Stat. Rights of persons determined incapacitated. §
744.441, Fla....
...e an unincorporated business or venture, the court may authorize the guardian to continue the business or venture for a reasonable time under the supervision of the court. (b) (e) [No Change] Committee Notes Rule History 1975 Revision: Implements section 744.441(16), Florida Statutes....
...1992 Revision: Citation form changes in committee notes. 2008 Revision: Subdivision (a) amended to include persons with a developmental disability. Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
744.3085, Fla. Stat. Guardian advocates. §
744.441(13), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 813, 2001 WL 76988
...We reach that.conclusion because we find no authority in our guardianship statutes which would authorize creation of these trusts while the children were minors. The guardian/trustee suggests in his brief that the authority for the creation of the trusts can be found in section 744.441(19), Florida Statutes, which authorizes a guardian, upon court approval, to: Create revocable or 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....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 16, 2015 WL 24081
...judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.” We reject Rene’s argument because Florida’s Trust Code provides elsewhere that, in accordance with section
744.441, a guardian of the property of the settlor may exercise a settlor’s power to amend a trust. See §
736.0602(6), Fla. Stat. (2013) (“A guardian of the property of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only as provided in section
744.441.”). Section
744.441, Florida Statutes (2013) sets forth the powers that a guardian may exercise with court approval. Among these powers is the authority to exercise any power as trustee that the ward might have lawfully exercised if not incapacitated, if the best interest of the ward requires *520 such action. See §
744.441(2), Fla. Stat. (2013); 1 see also In re Guardianship of Muller,
650 So.2d 698 (Fla. 4th DCA 1995) (holding that section
744.441(2) authorized exercise of ward’s power to amend trust to appoint new trustee)....
...idence to support the trial court’s determination that it was in the ward’s best interest to have Sykes-Kennedy replace Rene as trustee. We find the other issues raised by Rene to be without merit. 2 AFFIRMED. PALMER and ORFINGER, JJ., concur. . 744.441 Powers of guardian upon court approval....
CopyPublished | Florida 4th District Court of Appeal | 1996 WL 71363
...The agreement also provided for the trust beneficiaries to waive their interests in the trust; George had signed the agreement, as had Ruth's guardian, but Harold and his wife did not agree to or sign it. Appellee petitioned the court, pursuant to section 744.441, Florida Statutes, to create a new trust from Ruth's assets, with himself as trustee....
...Harold also noted that Ruth did not now have the capacity to make gifts. A trial was held in which conflicting evidence was presented as to the ward's relationship with each of the affected parties. We note that there was no direct proof that Ruth intended to make Fields her beneficiary. Section 744.441(19), Florida Statutes, permits a property guardian, with court approval, to "[c]reate ......
...in connection with estate, gift, income, or other tax planning or in connection with estate planning." Other subsections of the same statute permit a guardian, with court approval, to make gifts of the ward's property to family members for estate and income tax purposes, § 744.441(17); to execute a codicil to maximize the charitable deduction from a split interest trust already in the ward's will, § 744.441(18); to disclaim a devise or gift the ward would otherwise receive, § 744.441(20); and to enter contracts in the ward's best interests, § 744.441(21)....
..., as authorized under the statute. No benefits will accrue to the estate as a result of the guardian's substituting his judgment of what the ward would do now if she were not incapacitated. There is no reason to believe that the legislature intended section 744.441(19) to negate the general principle that a guardian cannot exercise a purely personal right of the ward....
...alent to amending a will. It concluded that the court could approve the designation of the estate as beneficiary of the IRA to assure that the IRA assets would pass equally pursuant to the will. The appellate court in Goeke did note that subsections 744.441(17), (19), and (21), Florida Statutes (1991), supported its decision that the guardian may create and modify IRA accounts when in the ward's best interest....
...We conclude that placing Ruth's property in a trust that will pass on her death to a beneficiary different from the ones who would receive her assets at death under the estate planning documents existing on the date of her adjudication is tantamount to amending her will. Section 744.441 does not include a provision permitting guardians, even with court approval, to amend their wards' wills, other than in the limited circumstances authorized in subsection 744.441(18). Absent clear legislative authority, subsection 744.441(19) should not be used for that purpose....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1511
Appellee petitioned the court, pursuant to section
744.441, Florida Statutes, to create a new trust from
CopyPublished | Supreme Court of Florida
or confirmation of an act required under section
744.441(2), Florida Statutes (2020). New subdivision
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...Final discharge. §
744.106, Fla. Stat. Notice. §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.441, Fla....
...1991 Revision: Implements 1989 amendments to sections
744.3201 and
744.331, Florida Statutes, and 1990 technical amendments. 1992 Revision: Citation form changes in committee notes. 2006 Revision: Subdivisions (c) and (d) added to incorporate 2006 amendment to section
744.441 and creation of section
744.462, Florida Statutes. Committee notes revised. Statutory References §
744.3201, Fla. Stat. Petition to determine incapacity. §
744.331, Fla. Stat. Procedures to determine incapacity. §
744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. §
744.441(11), Fla....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 revised guardianship law. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2006 Revision: New (a)(6) added to incorporate 2006 amendment to section
744.441, Florida Statutes. New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. Statutory References § 737.2065, Fla. Stat. Trust contests. §
744.3215, Fla. Stat. Rights of persons determined incapacitated. §
744.441, Fla....
...presented. Committee notes revised. Statutory References §
744.301, Fla. Stat. Natural guardians. §
744.3025, Fla. Stat. Claims of minors. §
744.387, Fla. Stat. Settlement of claims. §
744.391, Fla. Stat. Actions by and against guardian or ward. §
744.441, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9111
...hip capacity, determining that it has subject matter jurisdiction to entertain petitions filed by the guardians of the person and of the property to establish an inter vivos trust on behalf of the ward, Ruth Ives. 1 We deny the petition. Pursuant to section 744.441(19), Florida Statutes (1989), the guardian may “[ajfter obtaining approval of the court pursuant to a petition for authorization to act, ......
CopyPublished | Supreme Court of Florida
...tion if the requirements of
section
735.304(1) and (2) are met.
Rule 5.630 is amended to include new subdivision (a)(2) (Contents), which
establishes a process for a guardian to obtain authorization or confirmation of an
act required under section
744.441(2), Florida Statutes (2020). New subdivision
(d) (Hearings) is also added to the rule. A court is required under the new
subdivision to conduct a preliminary hearing on a petition filed pursuant to section
744.441(2), Florida Statutes, within seventy-two hours, and to either rule on the
petition after the preliminary hearing or immediately after conducting an
evidentiary hearing.
Lastly, rule 5.850 (Expedited Judicial Intervention Con...
...[NO CHANGE]
Rule History
1984-2000 [NO CHANGE]
2020 Revision: Statutory references amended.
Statutory References
§
733.612(20), Fla. Stat. Transactions authorized for the personal
representative; exceptions.
§
744.441(11)(k), Fla....
...Advance directives for health care.
§
744.3201, Fla. Stat. Petition to determine incapacity.
§
744.331, Fla. Stat. Procedures to determine incapacity.
§
744.3371, Fla. Stat. Notice of petition for appointment of guardian and
hearing.
§
744.441(11)(k), Fla....
...Legislative intent and findings.
Rule References
[NO CHANGE]
RULE 5.630. PETITION FOR APPROVAL OF ACTS
(a) Contents.
(1) When authorization or confirmation of any act of the guardian
is required under section 744.441(1), Florida Statutes, application shall be made by
verified petition stating the facts showing:
(1A) the expediency or necessity for the action;
(2B) a description of any property involved;...
...(5E) whether the action requested conforms to the
guardianship plan; and
(6F) the basis for the relief sought.
(2) When authorization or confirmation of any act of the guardian
is required under section 744.441(2), Florida Statutes, application shall be made by
verified petition attaching any affidavits and supporting documentation, including
any living will, and stating the facts showing:
(A) the name and location of...
...information concerning the expressed wishes of the ward; and
(C) facts sufficient to establish the need for the relief
requested.
(b)-(c) [NO CHANGE]
(d) Hearings. A preliminary hearing on any petition filed under section
744.441(2), Florida Statutes, shall be held within 72 hours after the filing of the
petition....
...preliminary hearing and rule on the relief requested immediately after the
evidentiary hearing.
Committee Notes
Rule History
1975-2012 [NO CHANGE]
2020 Revision: Subdivision (a)(2) is created to address section 744.441(2),
Florida Statutes, and the contents of a petition for court approval for a guardian to
sign an order not to resuscitate. Subdivision (d) is created to include the procedure
for a hearing pursuant to section 744.441(2), Florida Statutes.
Statutory References
[NO CHANGE]
Rule References
[NO CHANGE]
RULE 5.850900....
CopyPublished | Supreme Court of Florida
Statutes. Also, in response to the repeal of section
744.441(2), Florida Statutes, by chapter 2023-287,
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 1348300, 2013 Fla. App. LEXIS 5594
...ation, and where no court approval for the expenditure of the minor’s assets has been sought or obtained. Notably, had Mrs. Jackson initiated the lawsuit as the minor’s legal guardian, she would have had to have received court approval to do so. § 744.441(11), Fla....
CopyPublished | Florida 5th District Court of Appeal
...In June 2021, the Guardian filed an emergency motion alleging that
Appellant had impermissibly transferred title to the Ponte Vedra Home to her
individual trust and had listed the home for sale. The Guardian sought
permission from the trial court, pursuant to section 744.441(1)(k), Florida
Statutes, to initiate and prosecute an independent legal action in St....
...cission of a
pre-guardianship transaction. McGilton v. Millman,
868 So. 2d 1259, 1260
(Fla. 4th DCA 2004). This can be accomplished by the guardian seeking the
authority from the guardianship court to file an independent legal action
pursuant to section
744.441(1)(k)....
...serving and that the use of the POAs was not in the best interest of the Ward.
Based on these findings, the court had the authority to grant the injunction to
prevent Appellant from selling the home and authorize the Guardian to
pursue an independent legal action under section 744.441(1)(k) to seek to
invalidate the transfer of the Ponte Vedra Home into Appellant’s individual
12
trust....
