Florida Statute 744.464 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.464

744.464 Restoration to capacity.—

(1) VENUE.—A suggestion of capacity must be filed with the court in which the guardianship is pending.

(2) SUGGESTION OF CAPACITY.—

(a) Any interested person, including the ward, may file a suggestion of capacity. The suggestion of capacity must state that the ward is currently capable of exercising some or all of the rights which were removed, including the capability to independently exercise his or her rights with appropriate assistance.

(b) Upon the filing of the suggestion of capacity, the court shall immediately appoint a physician to examine the ward. The physician must examine the ward and file his or her report with the court within 20 days after the appointment.

(c) The court shall immediately send notice of the filing of the suggestion of capacity to the ward, the guardian, the attorney for the ward, if any, and any other interested persons designated by the court. Formal notice must be served on the guardian. Informal notice may be served on other persons. Notice need not be served on the person who filed the suggestion of capacity.

(d) Any objections to the suggestion of capacity must be filed within 20 days after service of the notice.

(e) If an objection is timely filed, or if the medical examination suggests that full restoration is not appropriate, the court shall set the matter for hearing. If the ward does not have an attorney, the court shall appoint one to represent the ward.

(f) Notice of the hearing and copies of the objections and medical examination reports shall be served upon the ward, the ward’s attorney, the guardian, the ward’s next of kin, and any other interested persons as directed by the court.

(3) ORDER OF RESTORATION.—

(a) If no objections are filed, and the court is satisfied that the medical examination establishes by a preponderance of the evidence that restoration of all or some of the ward’s rights is appropriate, the court shall enter an order of restoration of capacity, restoring all or some of the rights which were removed from the ward in accordance with those findings.

(b) At the conclusion of a hearing, conducted pursuant to s. 744.1095, the court shall make specific findings of fact and, based on a preponderance of the evidence, enter an order either denying the suggestion of capacity or restoring all or some of the rights which were removed from the ward. The ward has the burden of proving by a preponderance of the evidence that the restoration of capacity is warranted.

(c) If only some rights are restored to the ward, the order must state which rights are restored, and the guardian shall prepare a new guardianship report which addresses only the remaining rights retained by the guardian. The guardian must file a copy of the new report with the court within 60 days after the entry of the order.

(4) TIMELINESS OF HEARING.—The court shall give priority to any suggestion of capacity and shall advance the cause on the calendar.

History.—ss. 10, 26, ch. 75-222; s. 1, ch. 77-174; s. 81, ch. 89-96; s. 57, ch. 90-271; s. 1104, ch. 97-102; s. 22, ch. 2006-178; s. 19, ch. 2015-83; s. 6, ch. 2024-242.

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Amendments to 744.464

Arrestable Offenses / Crimes under Fla. Stat. 744.464

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.464.

Annotations, Discussions, Cases:

Cases Citing Statute 744.464

Total Results: 14

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-09-05

Snippet: added to reflect the legislative change to section 744.464, Florida Statutes, for the restoration of rights

Damaris Hedges v. Maureen Hamilton

Court: District Court of Appeal of Florida | Date Filed: 2024-05-30

Snippet: independent decision- making pursuant to section 744.464, Florida Statutes (2023). Following a hearing,

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: section of the Florida Guardianship Law, section 744.464, within the "Termination" subpart of that law.

Wallace v. Comprehensive Pers. Care Servs., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: section of the Florida Guardianship Law, section 744.464, within the "Termination" subpart of that law.

Linde v. Linde

Court: District Court of Appeal of Florida | Date Filed: 2016-09-07

Citation: 199 So. 3d 1102, 2016 Fla. App. LEXIS 13400, 2016 WL 4651336

Snippet: report on Ward’s capacity pursuant to section 744.464 of the Florida Statutes. Before the examination

Vick v. Bailey

Court: District Court of Appeal of Florida | Date Filed: 2000-12-20

Citation: 777 So. 2d 1005, 2000 WL 1855042

Snippet: interested person in the proceedings under section 744.464, Florida Statutes (1999), as a result of his being

Garner v. Garner

Court: District Court of Appeal of Florida | Date Filed: 1999-04-07

Citation: 733 So. 2d 551, 1999 Fla. App. LEXIS 4289, 1999 WL 188077

Snippet: followed the procedure as set forth in section 744.464, Florida Statutes (1997), and where the appellant

Morgan v. Guardianship of Turgeon

Court: District Court of Appeal of Florida | Date Filed: 1999-01-06

Citation: 724 So. 2d 175, 1999 Fla. App. LEXIS 69, 1999 WL 2803

Snippet: ward within twenty days, by analogy with section 744.464, Florida Statutes (1997), which provides for the

Whitley v. Craig

Court: District Court of Appeal of Florida | Date Filed: 1998-06-05

Citation: 710 So. 2d 1375, 1998 Fla. App. LEXIS 6523, 1998 WL 288218

Snippet: degree of competency can be re-established. § 744.464, Fla. Stat. (1997). AFFIRMED. DAUKSCH and THOMPSON

Salmon v. Harris, Barrett, Mann & Dew, P.A.

Court: District Court of Appeal of Florida | Date Filed: 1992-06-26

Citation: 602 So. 2d 608, 1992 Fla. App. LEXIS 6758

Snippet: appointed by the court. See §§ 744.3215(3)(a), 744.464(2)(e), Fla. Stat. (1989). Because Mary’s right

In Re Guardianship of Bockmuller

Court: District Court of Appeal of Florida | Date Filed: 1992-06-26

Citation: 602 So. 2d 608, 1992 WL 143616

Snippet: appointed by the court. See §§ 744.3215(3)(a), 744.464(2)(e), Fla. Stat. (1989). Because Mary's right

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-05-12

Snippet: domiciled at the time the petition was filed"; and s.744.464(3), F.S., regarding the restoration to mental or

Connell v. Guardianship of Connell

Court: District Court of Appeal of Florida | Date Filed: 1985-10-24

Citation: 476 So. 2d 1381, 10 Fla. L. Weekly 2401

Snippet: maintained in a state court. In fact, Section 744.464, Florida Statutes (1983), governing restoration

Danieli Corp. v. Bryant

Court: District Court of Appeal of Florida | Date Filed: 1981-05-27

Citation: 399 So. 2d 387

Snippet: DATA: Total Acreage 4,744.464 acres Selling Price for Parcel 1 & 2 $2