Florida Statute 744.442 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.442

744.442 Delegation of authority.—

(1) A guardian may designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. A person designated as a surrogate guardian under this section must be a professional guardian.

(2)(a) A guardian must file a petition with the court requesting permission to designate a surrogate guardian.

(b) If the court approves the designation, the order must specify the name and business address of the surrogate guardian and the duration of appointment, which may not exceed 30 days. The court may extend the appointment for good cause shown. The surrogate guardian may exercise all powers of the guardian unless limited by order of the court. The surrogate guardian must file with the court an oath swearing or affirming that he or she will faithfully perform the duties delegated. The court may require the surrogate guardian to post a bond.

(3) This section does not limit the responsibility of the guardian to the ward and to the court. The guardian is liable for the acts of the surrogate guardian. The guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court.

(4) The surrogate guardian is subject to the jurisdiction of the court as if appointed to serve as guardian.

History.—s. 21, ch. 2006-178.

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Amendments to 744.442

Arrestable Offenses / Crimes under Fla. Stat. 744.442

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.442.

Annotations, Discussions, Cases:

Cases Citing Statute 744.442

Total Results: 2

In Re Amend. to Florida Probate Rules

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

Citation: 986 So. 2d 576

Snippet: Capacity; appointment of guardian advocate. § 744.442, Fla. Stat. Delegation of authority. RULE 5.649

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-02-01T00:00:00-08:00

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: 2006 Revision: New rule. Statutory Reference § 744.442, Fla. Stat. Delegation of authority. *752RULE 5.660