Florida Statute 744.462 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

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.

F.S. 744.462 on Google Scholar

F.S. 744.462 on CourtListener

Amendments to 744.462

Annotations, Discussions, Cases:

Cases Citing Statute 744.462

Total Results: 7 | Sort by: Relevance | Newest First

Copy

In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...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(11), Fla. Stat. Powers of guardian upon court approval. § 744.462, Fla....

...Petition for appointment of guardian or professional guardian; contents. § 744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.2005 Fla. Stat. Order of appointment. -8- § 744.462, Fla....

Copy

Searle v. Bent, 137 So. 3d 1028 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 5225218, 2013 Fla. App. LEXIS 14798

...n. Moreover, the trial court is not prohibited from reviewing the continued need for a guardianship if Ms. Searle’s documents are later determined to be valid, or if alternatives to guardianship arise which will sufficiently address her needs. 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 needs of the ward)....

Copy

In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

344744.2005, Fla. Stat. Order of appointment. § 744.462, Fla. Stat. Determination regarding alternatives

Copy

In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

Stat. Powers of guardian upon court approval. § 744.462, Fla. Stat. Determination regarding alternatives

Copy

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

Powers of guardian upon court approval. § 744.462, Fla. Stat. Determination regarding alternatives

Copy

In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...1991 Revision: Implements 1989 amendments to sections 744.3201 and 744.331, Florida Statutes, and 1990 technical amendments. 1992 Revision: Citation form changes in committee notes. 2006 Revision: Subdivisions (c) and (d) added to incorporate 2006 amendment to section 744.441 and creation of section 744.462, Florida Statutes....

...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(11), Fla. Stat. Powers of guardian upon court approval. § 744.462, Fla....

...ith petition to determine incapacity. 2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. 2003 Revision: Committee notes revised. 2006 Revision: New (a)(9) added to incorporate 2006 passage of section 744.462, Florida Statutes....

...Petition for appointment of guardian or professional guardian; contents. § 744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.344, Fla. Stat. Order of appointment. § 744.462, Fla....

Copy

In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...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(11)(k), Fla. Stat. Powers of guardian upon court approval. § 744.462, Fla....

...Notice of petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.2005, Fla. Stat. Order of appointment. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.462, Fla....