The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.474

744.474 Reasons for removal of guardian.—A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:

(1) Fraud in obtaining her or his appointment.

(2) Failure to discharge her or his duties.

(3) Abuse of her or his powers.

(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.

(5) Failure to comply with any order of the court.

(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward’s assets when so required.

(7) The wasting, embezzlement, or other mismanagement of the ward’s property.

(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.

(9) Conviction of a felony.

(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.

(11) Development of a conflict of interest between the ward and the guardian.

(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction.

(13) A material failure to comply with the guardianship report by the guardian.

(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.

(15) A failure to fulfill the guardianship education requirements.

(16) The improper management of the ward’s assets.

(17) A material change in the ward’s financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.

(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3).

(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that the current guardian is not a family member and subsection (20) applies.

(20) Upon a showing that removal of the current guardian is in the best interest of the ward. In determining whether a guardian who is related by blood or marriage to the ward is to be removed, there shall be a rebuttable presumption that the guardian is acting in the best interests of the ward.

(21) A bad faith failure to submit guardianship records during the audit pursuant to s. 744.368.

History.—s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 84, ch. 89-96; s. 138, ch. 95-418; s. 13, ch. 96-354; s. 1788, ch. 97-102; s. 283, ch. 99-8; s. 2, ch. 99-277; s. 111, ch. 2000-349; s. 32, ch. 2004-267; s. 23, ch. 2006-178; s. 54, ch. 2010-114; s. 5, ch. 2014-124.

Note.—Created from former s. 746.03.

F.S. 744.474 on Google Scholar

F.S. 744.474 on Casetext

Amendments to 744.474

Arrestable Offenses / Crimes under Fla. Stat. 744.474

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.474.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MCCULLOCH, A. M. v. SECRETARY OF HEALTH AND HUMAN SERVICES,, 923 F.3d 998 (Fed. Cir. 2019)

. . . . § 744.474(8). See Fees/Costs Decision , at *10 ("[Ms. . . .

IN RE AMENDMENTS TO FLORIDA PROBATE RULES- FAST- TRACK REPORT., 253 So. 3d 983 (Fla. 2018)

. . . . § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. . . .

Q. SILVEIRA, v. QUIROGA,, 156 So. 3d 574 (Fla. Dist. Ct. App. 2015)

. . . R. 5.560, or the requirements for a petition for the removal of a guardian, see §§ 744.474, 744.477, . . .

In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . He also argued that the court should remove her as guardian pursuant to section 744.474 for “fraud, abuse . . . fiduciary duty, the court shall take those necessary actions to protect the ward and the ward’s assets. . 744.474 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. . . . Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . Statutory References § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. . . .

LOFTON, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, H. R. S. XI X, 358 F.3d 804 (11th Cir. 2004)

. . . . § 744.474 (permitting removal of a guardian for such causes as incapacity, illness, substance abuse . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . . § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. . . .

ANDERSON, Sr. v. DAWSON,, 711 So. 2d 1318 (Fla. Dist. Ct. App. 1998)

. . . Section 744.474, Florida Statutes (1995), provides reasons for removal of a guardian by the trial court . . . court must determine whether there are proper grounds to remove either guardian pursuant to section 744.474 . . .

In WRIGHT. WRIGHT, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 668 So. 2d 661 (Fla. Dist. Ct. App. 1996)

. . . Appellant was removed as guardian of all her wards as provided by section 744.474(12), Florida Statutes . . .

In GUARDIANSHIP OF NEHER. NEHER, v. NEHER,, 659 So. 2d 1294 (Fla. Dist. Ct. App. 1995)

. . . attorney’s fees and costs from personal funds, and to discharge her as guardian pursuant to section 744.474 . . .

a v., 101 T.C. 61 (T.C. 1993)

. . . Ann. sec. 744.474 (West 1986). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Partition for purpose of distribution. 744.474, Fla.Stat. . . . Statutory References § 744.474, Fla.Stat. Reasons for removal of guardian. § 744.477, Fla.Stat. . . .

GLATTHAR, v. E. HOEQUIST,, 600 So. 2d 1205 (Fla. Dist. Ct. App. 1992)

. . . . §§ 744.474(11); 744.391, Fla.Stat. (1991). See Jannis v. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . Statutory References § 744.474, Fla.Stat. al of guardian. . . .

L. SYNA v. LEWEN, 549 So. 2d 755 (Fla. Dist. Ct. App. 1989)

. . . See §§ 744.474, .477; 731.-201(21), Fla.Stat. (1987). . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 744.474 Reasons for removal of guardian. F.S. 744.477 Proceedings for removal. . . . Statutory References F.S. 744.474 Reasons for removal of guardian. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 744.474 Reasons for removal of guardian. F.S. 744.477 Proceedings for removal. . . . Reasons for removal of guardian set out in F.S. 744.474. 1977 Revision: No change in rule. . . . Statutory References F.S. 744.474 Reasons for removal of guardian. . . .

WEBSTER MOOREFIELD, P. A. A. A. v. CITY NATIONAL BANK OF MIAMI, C. W. C. W., 453 So. 2d 441 (Fla. Dist. Ct. App. 1984)

. . . Ahlman as voluntary guardian pursuant to Section 744.474, Florida Statutes (1983), alleging fraud, abuse . . .

JOHNSON v. KNIGHT,, 424 So. 2d 166 (Fla. Dist. Ct. App. 1983)

. . . . § 744.474(1). . . .

A. AHLMAN, v. F. WOLF,, 413 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . replaced in the absence of a finding of any of the reasons for removing a guardian specified in Sec. 744.474 . . . the same duties and responsibilities as are provided by law as to guardians of property generally. . 744.474 . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Reasons for removal of guardian set out in FGL 744.474. RULE 5.600. . . .

In CASTRO, a In CASTRO, a, 344 So. 2d 270 (Fla. Dist. Ct. App. 1977)

. . . See Section 744.474, Florida Statutes (1975). . . .