Florida Statutes
Fla. Stat. § 744.454 (2025)
Guardian forbidden to borrow or purchase; exceptions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.454 Guardian forbidden to borrow or purchase; exceptions.—A professional guardian may not purchase property or borrow money from his or her ward. A guardian who is not a professional guardian may do so if:
(1) A court by written order authorizes the sale or loan after a hearing to which interested persons were given notice; or
(2) The property is sold at public sale and the guardian is a spouse, parent, child, brother, or sister of the ward or a cotenant of the ward in the property to be sold.
History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 1, ch. 77-174; s. 78, ch. 89-96; s. 2, ch. 96-184; s. 12, ch. 96-354; s. 1787, ch. 97-102; s. 5, ch. 97-161.
Note.—Created from former s. 745.14.
Notes of Decisions
Cited in 1
case, 1984–1984 · leading case: Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984).
Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984). “Certainly if a nonrelated guardian is forbidden to borrow or purchase from the ward, Section 744.454, it goes without saying that a nonrelated guardian cannot take or accept the ward's property and claim it as a gift.”
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