Florida Statutes

Fla. Stat. § 744.462 (2025)

Determination regarding alternatives to guardianship.

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744.462 Determination regarding alternatives to guardianship.—Any judicial determination concerning the validity of the ward’s durable power of attorney, trust, or trust amendment shall be promptly reported in the guardianship proceeding by the guardian of the property. If the instrument has been judicially determined to be valid or if, after the appointment of a guardian, a petition is filed alleging that there is an alternative to guardianship which will sufficiently address the problems of the ward, the court shall review the continued need for a guardian and the extent of the need for delegation of the ward’s rights.

History.—s. 6, ch. 2006-77; s. 47, ch. 2006-217.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2007–2021 · leading case: In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016).

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In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). · cites it 8× “§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.”

In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007). · cites it 8× “§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.”

In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020). · cites it 4× “§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.”

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020). · cites it 4× “§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.”

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021). · cites it 4× “§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.”

In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016). · cites it 2× “§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.”

Searle v. Bent, 137 So. 3d 1028 (Fla. 2d DCA 2013). “See § 744.462 (providing that the court shall review the continued need for a guardian if the ward’s durable power of attorney, trust, or trust amendment is determined to be valid, or if a petition is filed alleging there is an alternative to guardianship that will meet the…”

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