CopyCited 27 times | Published | Supreme Court of Florida | 2006 WL 3228916
...er party to raise these objections. See id. at 1017. The Fifth District observed that notice was not provided to the personal representatives as required by the applicable statute and rule of procedure. See id. 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 filed requests for notices ....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Bentley countered with the argument that the agreement in question was void because neither of her guardians had ever obtained "probate court" approval for the sale of the Texaco stock jointly registered in her name and that of her husband. The "probate court" is the same circuit court in which the instant proceedings arose. 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...
...Section
744.457, Florida Statutes (1977), provided in part as follows: (1)(a) All legal or equitable interests in real and personal property owned as an estate by the entirety by an incompetent for whom a guardian of the property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s.
744.447, if the spouse who is not incompetent joins in the sale, transfer, conveyance, or mortgage of the property......
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 9379, 1994 WL 531274
...Nor is there in this record any notice of a hearing date on the petition. Pursuant to section
744.446, 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." However, in an order filed on October 10, 1990, the court states that it held a hearing on the "home plan" on October 5, 1990....
...s death, did not comply with current guardianship rules and statutes. Notice to the ward or his personal representative or next of kin is required if the petition concerns an act requiring court approval (conflict of interest). Fla.Prob.R. 5.630(b); § 744.447(2), Fla....
...[3] §
744.369(1) and (5), Fla. Stat. (Supp. 1990). [4] The calculations of hours of service spent on the "home plan" are apparently based on the affidavits and proofs filed by Jones on May 28, 1992, and by Jones' attorney in support of his petition for fees. [5] §
744.447(2), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...§
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. Stat. Powers of guardian upon court approval. §
744.447, Fla....
...Annual guardianship plan. §
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla. Stat. Settlement of claims. §
744.441, Fla. Stat. Powers of guardian upon court approval. §
744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval. §
744.447, Fla....
...ll bids. An order for any other act requiring a court order shall describe the permitted act and authorize the guardian to perform it or confirm its performance. Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503,
744.447, and
744.451, Florida Statutes, with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section
744.447(2), Florida Statutes....
...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. Stat. Powers of guardian upon court approval. §
744.447, Fla....
...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. Stat. Powers of guardian upon court approval. §
744.447, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 413, 2007 Fla. LEXIS 1193, 2007 WL 1932256
...§
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. Powers of guardian upon court approval. §
744.447, Fla....
...743, Fla. Stat. Disability of nonage of minors removed. §
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. §
744.447, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...§
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. Powers of guardian upon court approval. §
744.447, Fla....
...§
744.384, Fla. Stat. Subsequently discovered or acquired property. Rule References [No Change] RULE 5.630. PETITION FOR APPROVAL OF ACTS (a) (c) [No Change] Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503,
744.447, and
744.451, Florida Statutes, with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section
744.447(2), 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. Stat. Powers of guardian upon court approval. §
744.447, Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...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. *1182 §
744.441, Fla. Stat. Powers of guardian upon court approval. §
744.447, Fla....
...§
733.705(2), (4), Fla. Stat. Payment of and objection to claims. §
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. §
744.447, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...es 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. F.S.
744.447 Petition for authorization to act....
...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. F.S.
744.447 Petition for authorization to act....
...ct all bids. An order for any other act requiring a court order shall describe the permitted act and authorize the guardian to perform it or confirm its performance. Committee Notes Rule History 1975 Revision: Substantially the same as F.S. 744.503,
744.447, and
744.451 with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S.
744.447(2)....
...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. F.S.
744.447 Petition for authorization to act....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...es 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. F.S.
744.447 Petition for authorization to act....
...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. F.S.
744.447 Petition for authorization to act....
...(d) An order for any other act permitted under . FGL 744,441 requiring a court order shall describe the permitted act and authorize the guardian to perform it or confirm its performance. Committee Notes 1975 Revision: Substantially the same as F.S. 744.503,
744.447, and
744.451 with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S.
744.447(2)....
...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. F.S.
744.447 Petition for authorization to act....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512
...§
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. Powers of guardian upon court approval. §
744.447, Fla....
...§
733.705(2), (3), Fla. Stat. Payment of and objection to claims. §
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. §
744.447, Fla....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...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. Powers of guardian upon court approval. §
744.447, Fla.Stat....
...§
733.705(2), (3), Fla.Stat. Payment of and objection to claims. §
744.3201, Fla.Stat. Petition to determine incapacity. *1318 §
744.331, Fla.Stat. Procedures to determine incapacity. §
744.3371, Fla.Stat. Notice of petition for appointment of guardian and hearing. §
744.447, Fla.Stat....
...If a sale is to be public, the order shall state that the sale shall be made *1374 to the highest bidder and that the court reserves the right to reject all bids. Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503,
744.447, and
744.451, Florida Statutes, with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section
744.447(2), Florida Statutes....
...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. Powers of guardian upon court approval. §
744.447, Fla.Stat....
...§
744.387, Fla.Stat. Settlement of claims. *1376 § 744,391, Fla.Stat. Actions by and against guardian or ward. §
744.441, Fla.Stat. Powers of guardian upon court approval. §
744.446, Fla.Stat. Conflicts of interest; prohibited activities; court approval. §
744.447, Fla.Stat....
...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. Powers of guardian upon court approval. §
744.447, Fla.Stat....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...Disability of nonage of minors removed. §
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. §
744.447, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080
...Although section
607.1602(5) (b) provides that “a court, independently of this act, [may] compel the production of corporate records for examination,” Matthias Trost’s status as next of kin does not justify his access to confidential corporate records when he 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....
...iciaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not 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) ......
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...§
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. Powers of guardian upon court approval. §
744.447, Fla....
...§
733.705(2), (34), Fla. Stat. Payment of and objection to claims. §
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. §
744.447, Fla....
...§
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla. Stat. Settlement of claims. §
744.441, Fla. Stat. Powers of guardian upon court approval. §
744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval;, breach of fiduciary duty. §
744.447, Fla....
...Settlement of claims. §
744.391, Fla. Stat. Actions by and against guardian or ward. §
744.441, Fla. Stat. Powers of guardian upon court approval. §
744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. §
744.447, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...§
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. Powers of guardian upon court approval. §
744.447, Fla....
...Disability of nonage of minors removed. §
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. §
744.447, Fla....
...§
744.3678, Fla. Stat. Annual accounting. §
744.387, Fla. Stat. Settlement of claims. §
744.441, Fla. Stat. Powers of guardian upon court approval. §
744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. §
744.447, Fla....
...Capacity; appointment of guardian advocate. §
744.3145, Fla. Stat. Guardian education requirements. RULE 5.630. PETITION FOR APPROVAL OF ACTS (a) (c) [No Change] Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503,
744.447, and
744.451, Florida Statutes, with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section
744.447(2), Florida Statutes....
...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. Stat. Powers of guardian upon court approval. §
744.447, Fla....
...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. Stat. Powers of guardian upon court approval. §
744.447, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...§
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. Powers of guardian upon court approval. §
744.447, Fla....
...Stat. Payment of and objection to claims. §
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. *739 §
744.447, Fla....
...If the guardian is not authorized to bring such an action, the order shall contain a finding concerning the continued need for a guardian and the extent of the need for delegation of the ward’s rights. Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503,
744.447, and
744.451, Florida Statutes, with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section
744.447(2), 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. Stat. Powers of guardian upon court approval. §
744.447, Fla....
...Settlement of claims. §
744.391, Fla. Stat. Actions by and against guardian or ward. §
744.441, Fla. Stat. Powers of guardian upon court approval. §
744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. §
744.447, Fla....
CopyPublished | Supreme Court of Florida
Powers of guardian upon court approval. §
744.447, Fla. Stat. Petition for authorization to act
CopyPublished | Florida 5th District Court of Appeal
...an estate by the entirety by an incapacitated person
for whom a guardian of the property has been
appointed may be sold, transferred, conveyed, or
11
mortgaged in accordance with section
744.447, if the
spouse who is not incapacitated joins in the sale,
transfer, conveyance, or mortgage of the property.
§
744.457(1)(a), Fla....
