Florida Statute 744.444 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.444

744.444 Power of guardian without court approval.—Without obtaining court approval, 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:

(1) Retain assets owned by the ward.

(2) Receive assets from fiduciaries or other sources.

(3) Vote stocks or other securities in person or by general or limited proxy or not vote stocks or other securities.

(4) Insure the assets of the estate against damage, loss, and liability and insure himself or herself against liability as to third persons.

(5) Execute and deliver in his or her name as guardian any instrument necessary or proper to carry out and give effect to this section.

(6) Pay taxes and assessments on the ward’s property.

(7) Pay valid encumbrances against the ward’s property in accordance with their terms, but no prepayment may be made without prior court approval.

(8) Pay reasonable living expenses for the ward, taking into consideration the accustomed standard of living, age, health, and financial condition of the ward. This subsection does not authorize the guardian of a minor to expend funds for the ward’s living expenses if one or both of the ward’s parents are alive.

(9) Elect to dissent from a will under s. 732.2125(2), seek approval to make an election in accordance with s. 732.401, or assert any other right or choice available to a surviving spouse in the administration of a decedent’s estate.

(10) Deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, money market mutual funds, or other prudent investments. The guardian may redeem or sell such deposits or investments to pay the reasonable living expenses of the ward as provided herein.

(11) Pay incidental expenses in the administration of the estate.

(12) Sell or exercise stock subscription or conversion rights and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.

(13) When reasonably necessary, employ persons, including attorneys, auditors, investment advisers, care managers, or agents, even if they are associated with the guardian, to advise or assist the guardian in the performance of his or her duties.

(14) Execute and deliver in his or her name as guardian any instrument that is necessary or proper to carry out the orders of the court.

(15) Hold a security in the name of a nominee or in other form without disclosure of the interest of the ward, but the guardian is liable for any act of the nominee in connection with the security so held.

(16) Pay or reimburse costs incurred and reasonable fees or compensation to persons, including attorneys, employed by the guardian pursuant to subsection (13) from the assets of the guardianship estate, subject to obtaining court approval of the annual accounting.

(17) Provide confidential information about a ward which is related to an investigation arising under s. 744.368 to the clerk, part II of this chapter to an Office of Public and Professional Guardians investigator, or part I of chapter 400 to a local or state ombudsman council member conducting such an investigation. Any such clerk, Office of Public and Professional Guardians investigator, or ombudsman shall have a duty to maintain the confidentiality of such information.

History.—s. 1, ch. 74-106; ss. 23, 26, ch. 75-222; s. 3, ch. 77-328; s. 282, ch. 79-400; s. 5, ch. 84-31; s. 74, ch. 89-96; s. 53, ch. 90-271; s. 1101, ch. 97-102; s. 8, ch. 2000-155; s. 12, ch. 2003-57; s. 18, ch. 2010-132; s. 4, ch. 2018-68.

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Amendments to 744.444

Arrestable Offenses / Crimes under Fla. Stat. 744.444

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.444.

Annotations, Discussions, Cases:

Cases Citing Statute 744.444

Total Results: 13

Guardianship of J.S.J. v. Pena

Court: District Court of Appeal of Florida | Date Filed: 2013-04-05

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

Snippet: or authorized to do so by the court. See also § 744.444(8), Fla. Stat. (2011). Likewise, section 744.387(2)

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-11-20

Snippet: Guardianship Law, Ch. 744, Fla. Stat.; ss.744.441, 744.444, and 744.361 Fla. Stat., setting forth the powers

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: guardian is required pursuant to F.S. 744.441 or F.S. 744.444, where a limited guardian has not been delegated

Gale v. Harbor Federal Savings & Loan

Court: District Court of Appeal of Florida | Date Filed: 1990-12-19

Citation: 571 So. 2d 114, 1990 Fla. App. LEXIS 9573, 1990 WL 205505

Snippet: appropriately placed in a guardianship account. Section 744.444, Florida Statutes (1989) contains no language which

In re Amendment to Florida Probate Rule—Part III (Guardianship)

Court: Supreme Court of Florida | Date Filed: 1989-09-29

Citation: 551 So. 2d 452, 1989 WL 139493

Snippet: guardian is required pursuant to F.S. 744.441 or F.S. 744.444, where a limited guardian has not been delegated

Auerbach v. McKinney

Court: District Court of Appeal of Florida | Date Filed: 1989-06-20

Citation: 549 So. 2d 1022, 1989 WL 65885

Snippet: required to sustain such a transaction. See § 744.444(10), Fla. Stat. (1987) ("Without obtaining court

Wells v. Wells

Court: District Court of Appeal of Florida | Date Filed: 1988-03-25

Citation: 523 So. 2d 170, 13 Fla. L. Weekly 765, 1988 Fla. App. LEXIS 1326, 1988 WL 27806

Snippet: Appellant did not appeal that order. Section 744.444(10), Florida Statutes, empowers a guardian to prudently

Bryan v. Century National Bank

Court: Supreme Court of Florida | Date Filed: 1986-11-13

Citation: 498 So. 2d 868, 11 Fla. L. Weekly 580, 1986 Fla. LEXIS 2817

Snippet: act in its absence if so permitted under section 744.444. In order to interpret the statute in such a manner

Webster & Moorefield v. City Nat. Bk.

Court: District Court of Appeal of Florida | Date Filed: 1984-07-10

Citation: 453 So. 2d 441

Snippet: Section 744.441, and without court approval, Section 744.444. Certainly if a nonrelated guardian is forbidden

Valentine v. Kelner

Court: District Court of Appeal of Florida | Date Filed: 1984-06-12

Citation: 452 So. 2d 965, 1984 Fla. App. LEXIS 13596

Snippet: requires parental support of a minor and section 744.444(8), Florida Statutes (1981), which permits a guardian

Cilley v. First National Bank of Mount Dora

Court: District Court of Appeal of Florida | Date Filed: 1981-04-08

Citation: 396 So. 2d 808, 1981 Fla. App. LEXIS 19188

Snippet: incompetent employed appellant, as permitted by section 744.444(13), Florida Statutes (1979), that appellant petitioned

Drozinski v. Straub

Court: District Court of Appeal of Florida | Date Filed: 1980-05-09

Citation: 383 So. 2d 301

Snippet: accounts was permitted by the provisions of Section 744.444, Florida Statutes (1975). That section, which has

Beck v. Beck

Court: District Court of Appeal of Florida | Date Filed: 1980-05-06

Citation: 383 So. 2d 268

Snippet: guardianship estate to operate the decedent's estate. § 744.444, Fla. Stat. (1979). Other funds allocable to Dawn's