Florida Statutes
Fla. Stat. § 744.464 (2025)
Restoration to capacity.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1985–2024 · leading case: Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016).
Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). “Temporary Guardian filed a timely objection to the suggestion of capacity, and the trial court appointed an independent physician to examine Ward and report on Ward’s capacity pursuant to section 744.464 of the Florida Statutes. Before the examination took place, Ward and his…”
Vick v. Bailey, 777 So. 2d 1005 (Fla. 2d DCA 2000). “" Vick claimed to be an interested person in the proceedings under section 744.464, Florida Statutes (1999), as a result of his being a close friend and neighbor of the Ward.”
Connell v. Guardianship of Connell, 476 So. 2d 1381 (Fla. 1st DCA 1985). “In fact, Section 744.464, Florida Statutes (1983), governing restoration of competency, provides at subsection (4) that the petition may be filed "in the county where the person .”
In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024). “§ 744.464, Fla. Stat. Restoration to capacity.”
Morgan v. Guardianship of Turgeon, 724 So. 2d 175 (Fla. 4th DCA 1999). “331(3)(a), Florida Statutes (1997), the trial court treated the petition as a “suggestion of further incapacity of the ward” and proceeded to appoint one physician to examine the ward within twenty days, by analogy with section 744.464, Florida Statutes (1997), which provides…”
Damaris Hedges v. Maureen Hamilton (Fla. 5th DCA 2024). “In March 2023, Appellant filed a Suggestion of Capacity to restore her legal rights for independent decision- making pursuant to section 744.464, Florida Statutes (2023).”
Whitley v. Craig, 710 So. 2d 1375 (Fla. 5th DCA 1998). “§ 744.464, Fla. Stat. (1997). AFFIRMED. DAUKSCH and THOMPSON, JJ.”
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019). “Such a proceeding is governed by a separate section of the Florida Guardianship Law, section 744.464, within the "Termination" subpart of that law.”
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019). “Such a proceeding is governed by a separate section of the Florida Guardianship Law, section 744.464, within the "Termination" subpart of that law.”
Garner v. Garner, 733 So. 2d 551 (Fla. 3d DCA 1999). “We affirm the trial court’s order on suggestion of capacity where the trial court properly followed the procedure as set forth in section 744.464, Florida Statutes (1997), and where the appellant has failed to demonstrate any abuse of discretion.”
— 744.464(2) — 3 cases
Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). “Temporary Guardian filed a timely objection to the suggestion of capacity, and the trial court appointed an independent physician to examine Ward and report on Ward’s capacity pursuant to section 744.464 of the Florida Statutes. Before the examination took place, Ward and his…”
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019). “Such a proceeding is governed by a separate section of the Florida Guardianship Law, section 744.464, within the "Termination" subpart of that law.”
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019). “Such a proceeding is governed by a separate section of the Florida Guardianship Law, section 744.464, within the "Termination" subpart of that law.”
— 744.464(2)(a) — 2 cases
Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). “Temporary Guardian filed a timely objection to the suggestion of capacity, and the trial court appointed an independent physician to examine Ward and report on Ward’s capacity pursuant to section 744.464 of the Florida Statutes. Before the examination took place, Ward and his…”
Vick v. Bailey, 777 So. 2d 1005 (Fla. 2d DCA 2000). “" Vick claimed to be an interested person in the proceedings under section 744.464, Florida Statutes (1999), as a result of his being a close friend and neighbor of the Ward.”
— 744.464(2)(b) — 1 case
Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). “Temporary Guardian filed a timely objection to the suggestion of capacity, and the trial court appointed an independent physician to examine Ward and report on Ward’s capacity pursuant to section 744.464 of the Florida Statutes. Before the examination took place, Ward and his…”
— 744.464(3) — 1 case
Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). “Temporary Guardian filed a timely objection to the suggestion of capacity, and the trial court appointed an independent physician to examine Ward and report on Ward’s capacity pursuant to section 744.464 of the Florida Statutes. Before the examination took place, Ward and his…”
— 744.464(3)(b) — 1 case
Damaris Hedges v. Maureen Hamilton (Fla. 5th DCA 2024). “In March 2023, Appellant filed a Suggestion of Capacity to restore her legal rights for independent decision- making pursuant to section 744.464, Florida Statutes (2023).”
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