Florida Statutes
Fla. Stat. § 744.447 (2025)
Petition for authorization to act.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
744.447 Petition for authorization to act.—
(1) Application for authorization to perform, or confirmation of, any acts under s. 744.441 or s. 744.446 shall be by petition stating the facts showing the expediency or necessity for the action; a description of any property involved; and the price and terms of a sale, mortgage, or other contract. The application must state whether it conforms to the general terms of the guardianship report and whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised.
(2) 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 acts under s. 744.441 or s. 744.446 shall be given to the ward, to the next of kin, if any, and to those interested persons who have filed requests for notices and copies of pleadings, as provided in the Florida Probate Rules, unless waived by the court. Notice need not be given to a ward who is under 14 years of age or who has been determined to be totally incapacitated.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 12, ch. 79-221; s. 76, ch. 89-96; s. 55, ch. 90-271.
Note.—Created from former s. 745.06.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1982–2023 · leading case: In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.447, Fla. Stat. Petition for authorization to act.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.447, Fla. Stat. Petition for authorization to act.”
Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994). “446, any transaction potentially involving a conflict of interest between guardian and ward must be approved in advance by the court, and pursuant to section 744.447 notice of such petition must be given to the ward, the next of kin, and other "interested persons.”
Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “Specifically, the Fifth District cited section 744.447(2), which requires that notice of a petition to perform any act that constitutes a conflict of interest between the guardian and the ward "be given to the ward, next of kin, if any, and to those interested persons who have…”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 744.447 Petition for authorization to act.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 744.447, Fla. Stat. Petition for authorization to act.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.447, Fla. Stat. Petition for authorization to act.”
Ne. Bank of Clearwater v. Bentley, 413 So. 2d 480 (Fla. 2d DCA 1982). “Section 744.447, Florida Statutes (1977), provided that an application for authorization to perform, or confirmation of, a sale of an incompetent's property was to be by petition stating the facts showing the expediency or necessity for the action, a description of any property…”
Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “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.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 744.447, Fla.Stat. Petition for authorization to act.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). “§ 744.447, Fla. Stat. Petition for authorization to act.”
In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). “§ 744.447, Fla. Stat. Petition for authorization to act.”
— 744.447(2) — 10 cases
Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “Specifically, the Fifth District cited section 744.447(2), which requires that notice of a petition to perform any act that constitutes a conflict of interest between the guardian and the ward "be given to the ward, next of kin, if any, and to those interested persons who have…”
Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994). “446, any transaction potentially involving a conflict of interest between guardian and ward must be approved in advance by the court, and pursuant to section 744.447 notice of such petition must be given to the ward, the next of kin, and other "interested persons.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “§ 744.447, Fla. Stat. Petition for authorization to act.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 744.447, Fla. Stat. Petition for authorization to act.”
Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.