Florida Statutes

Fla. Stat. § 744.444 (2025)

Power of guardian without court approval.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 13 cases, 1980–2013 · leading case: Drozinski v. Straub, 383 So. 2d 301 (Fla. 2d DCA 1980).

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Drozinski v. Straub, 383 So. 2d 301 (Fla. 2d DCA 1980). · cites it 4× “They contend that the guardian's withdrawal of the funds from the joint accounts was permitted by the provisions of Section 744.444, Florida Statutes (1975).”

Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980). · cites it 2× “§ 744.444, Fla. Stat. (1979). Other funds allocable to Dawn's distributable share were utilized to provide for her personal care and maintenance.”

In Re Cocke, 371 B.R. 554 (Bankr. M.D. Fla. 2007). · cites it 2× “Florida Statutes, § 744.444 authorizes guardians to take certain actions on behalf of their ward(s) without obtaining prior court approval.”

Auerbach v. McKinney, 549 So. 2d 1022 (Fla. 3d DCA 1989). · cites it 2× “See § 744.444(10), Fla. Stat. (1987) ("Without obtaining court approval, a guardian of the property may .”

Bryan v. Century Nat'l Bank, 498 So. 2d 868 (Fla. 1986). “441, and may act in its absence if so permitted under section 744.444. In order to interpret the statute in such a manner as to protect the ward, we hold that he or she may not freely deal with that property which has been placed in the guardian's control in the absence of court…”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “441 or F.S. 744.444, where a limited guardian has not been delegated a particular power listed therein by prior court order, application shall be made by verified petition of the guardian stating the facts showing: (1) whether the act conforms to the general terms of the…”

Cilley v. First Nat'l Bank of Mount Dora, 396 So. 2d 808 (Fla. 5th DCA 1981). · cites it 2× “The record reveals the guardian of the incompetent employed appellant, as permitted by section 744.444(13), Florida Statutes (1979), that appellant petitioned for attorney’s fees (§ 744.”

Valentine v. Kelner, 452 So. 2d 965 (Fla. 3d DCA 1984). · cites it 2× “-397(3), Florida Statutes (1981), which requires parental support of a minor and section 744.444(8), Florida Statutes (1981), which permits a guardian of the property to use the ward’s funds to pay reasonable living expenses on the ward’s behalf without obtaining court approval,…”

Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984). “441, and without court approval, Section 744.444. Certainly if a nonrelated guardian is forbidden to borrow or purchase from the ward, Section 744.”

In re Amendment to Florida Prob. Rule—Part III (Guardianship), 551 So. 2d 452 (Fla. 1989). “441 or F.S. 744.444, where a limited guardian has not been delegated a particular power listed therein by prior court order, application shall be made by verified petition of the guardian stating the facts showing: (1) whether the act conforms to the general terms of the…”

Gale v. Harbor Fed. Sav. & Loan, 571 So. 2d 114 (Fla. 4th DCA 1990). · cites it 3× “Section 744.444, Florida Statutes (1989) contains no language which would restrict a guardian from making withdrawals without court approval.”

Guardianship of J.S.J. v. Pena, 109 So. 3d 1281 (Fla. 5th DCA 2013). · cites it 2× “See also § 744.444(8), Fla. Stat. (2011). Likewise, section 744.”

Show all 13 citing cases →

— 744.444(10) — 2 cases

Auerbach v. McKinney, 549 So. 2d 1022 (Fla. 3d DCA 1989). “See § 744.444(10), Fla. Stat. (1987) ("Without obtaining court approval, a guardian of the property may .”

Wells v. Wells, 523 So. 2d 170 (Fla. 1st DCA 1988).

— 744.444(13) — 1 case

Cilley v. First Nat'l Bank of Mount Dora, 396 So. 2d 808 (Fla. 5th DCA 1981). “The record reveals the guardian of the incompetent employed appellant, as permitted by section 744.444(13), Florida Statutes (1979), that appellant petitioned for attorney’s fees (§ 744.”

— 744.444(8) — 2 cases

Valentine v. Kelner, 452 So. 2d 965 (Fla. 3d DCA 1984). “-397(3), Florida Statutes (1981), which requires parental support of a minor and section 744.444(8), Florida Statutes (1981), which permits a guardian of the property to use the ward’s funds to pay reasonable living expenses on the ward’s behalf without obtaining court approval,…”

Guardianship of J.S.J. v. Pena, 109 So. 3d 1281 (Fla. 5th DCA 2013). “See also § 744.444(8), Fla. Stat. (2011). Likewise, section 744.”

— 744.444(9) — 1 case

Drozinski v. Straub, 383 So. 2d 301 (Fla. 2d DCA 1980). “They contend that the guardian's withdrawal of the funds from the joint accounts was permitted by the provisions of Section 744.444, Florida Statutes (1975).”

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