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Florida Statute 744.474 - Full Text and Legal Analysis
Florida Statute 744.474 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
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

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Amendments to 744.474


Annotations, Discussions, Cases:

Cases Citing Statute 744.474

Total Results: 19  |  Sort by: Relevance  |  Newest First

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Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 358 F.3d 804 (11th Cir. 2004).

Cited 36 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 1383, 2004 WL 161275

...Similarly, legal guardians in Florida are subject to ongoing judicial oversight, in-eluding the duty to file annual guardianship reports and annual review by the appointing court, id. §§ 744.361-372, and can be removed for a wide variety of reasons, id. § 744.474 (permitting removal of a guardian for such causes as incapacity, illness, substance abuse, conviction of a felony, failure to file annual guardianship reports, and failure to fulfill guardianship education requirements)....
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Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 377 F.3d 1275 (11th Cir. 2004).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

...& Reform, 431 U.S. 816, 862, 97 S. Ct. 2094, 2119 (1977) (Stewart, J., concurring)). 19 and annual review by the appointing court, id. § § 744.361-372, and can be removed for a wide variety of reasons, id. § 744.474 (permitting removal of a guardian for such causes as incapacity, illness, substance abuse, conviction of a felony, failure to file annual guardianship reports, and failure to fulfill guardianship education requirements)....
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In Re the Matter of Castro, 344 So. 2d 270 (Fla. 4th DCA 1977).

Cited 6 times | Published | Florida 4th District Court of Appeal

...decided that since a potential conflict existed another person should be appointed. That was a drastic measure when we consider the age of these children, who live with their mother, and the statutory requirements for terminating a guardianship. See Section 744.474, Florida Statutes (1975)....
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In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...1991 Revision: Subdivision (a) amended to require that the petition allege specific reasons why the guardian should be removed and to require service of the petition on the ward. Otherwise, editorial changes in all subdivisions. Statutory References § 744.474, Fla....
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Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984).

Cited 4 times | Published | Florida 3rd District Court of Appeal

...The order of appointment was entered on October 2, 1980. On October 17, 1980, letters of guardianship issued. On November 4, 1980, Mrs. Hand suffered a severe stroke. Her niece, Mrs. Wolf, petitioned the court on November 9, 1980, to remove Mr. Ahlman as voluntary guardian pursuant to Section 744.474, Florida Statutes (1983), alleging fraud, abuse of powers, and waste, embezzlement, or mismanagement of the ward's property....
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In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011).

Cited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

...§ 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. Stat. Partition for purpose of distribution. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla....
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In Re Guardianship of Neher, 659 So. 2d 1294 (Fla. 2d DCA 1995).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1995 WL 517660

...ating a deposition she was ordered to attend. The motion requested the court to find the guardian in direct contempt of the two orders, to require her to pay attorney's fees and costs from personal funds, and to discharge her as guardian pursuant to section 744.474, Florida Statutes (1993)....
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Florida Bar, 531 So. 2d 1261 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

...733.603 Personal representative to proceed without court order. F.S. 733.609 Improper exercise of power; breach of fiduciary duty. F.S. 733.619(2) and (4) Individual liability of personal representative. F.S. 733.814 Partition for purpose of distribution. F.S. 744.474 Reasons for removal of guardian....
...proper to procure an order approving such resignation. Proposed Rule RULE 5.590. DISQUALIFICATION OF GUARDIAN: NOTIFICATION DELETE ENTIRE RULE. *1333 Committee Notes 1975 Revision: No statutory reference. Reasons for removal of guardian set out in F.S. 744.474....
...Editorial changes and committee notes revised. 1988 Revision: Paragraph (a) rewritten for clarity. Language in (b) deleted as surplusage. Editorial change in caption of (c). Committee notes revised. Citation form change in committee notes. Statutory References F.S. 744.474 Reasons for removal of guardian....
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Florida Bar, 537 So. 2d 500 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

...733.603 Personal representative to proceed without court order. F.S. 733.609 Improper exercise of power; breach of fiduciary duty. F.S. 733.619(2) and (4) Individual liability of personal representative. F.S. 733.814 Partition for purpose of distribution. F.S. 744.474 Reasons for removal of guardian....
...Editorial changes and committee notes revised. 1988 Revision: Paragraph (a) rewritten for clarity. Language in (b) deleted as surplusage. Editorial change in caption of (c). Committee notes revised. Citation form change in committee notes. Statutory References F.S. 744.474 Reasons for removal of guardian....
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In Re: Amendments to the Florida Prob. Rules-2018 Fast-track Report., 253 So. 3d 983 (Fla. 2018).

Published | Supreme Court of Florida

744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian.
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In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...Personal representative to proceed without court order. FJ§t§ 733.609, Fla.Stat. Improper exercise of power; breach of fiduciary duty. 733.619(2), and (4), Fla.Stat. Individual liability of personal representative. ¾⅜⅛ 733.814, Fla.Stat. Partition for purpose of distribution. 744.474, Fla.Stat....
...1991 Revision: Subdivision (a) amended to require that the petition allege specific reasons why the guardian should be removed and to require service of the petition on the ward. Otherwise, editorial changes in all subdivisions. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.474, Fla.Stat....
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Amendments to Florida Prob. Rules, 807 So. 2d 622 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Stat. Partition for purpose of distribution. § 744.474, Fla. Stat. Reasons for removal of guardian. §
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Anderson v. Dawson, 711 So. 2d 1318 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 6447, 1998 WL 288408

...y. The trial court’s order directs the co-plenary guardians to submit their resignations in this case. We find no statute that supports that procedure. Section 744.467, Florida Statutes (1995), provides for the voluntary resignation by a guardian. Section 744.474, Florida Statutes (1995), provides reasons for removal of a guardian by the trial court, one of which is failure to discharge a guardian’s duties, including timely filing of guardianship reports. If the two guardians have voluntarily resigned, this issue is moot. If the co-plenary guardians desire to maintain their guardianship positions, the trial court must determine whether there are proper grounds to remove either guardian pursuant to section 744.474....
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Personal representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. Stat. Partition for purpose of distribution. § 744.474, Fla....
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In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

...Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. Stat. Partition for purpose of distribution. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla....
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...§ 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. Stat. Partition for purpose of distribution. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla....
...44.511, Florida Statutes. 2008 Revision: Subdivision (e) added to include guardian advocates. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla....
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Johnson v. Knight, 424 So. 2d 166 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18402

...ice address of the petitioner; the names and addresses of the next of kin of the incompetent, if known to the petitioner.” The Court finds that the failure to comply with these statutory requirements is grounds for removing the guardian under F.S. § 744.474(1)....
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Wright v. State, Dep't of Health & Rehabilitative Servs., 668 So. 2d 661 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1517, 1996 WL 71370

as guardian of all her wards as provided by section 744.474(12), Florida Statutes (1993) on a finding of
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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

...Otherwise, editorial changes in all subdivisions. 1992 Revision: Citation form changes in committee notes. 2006 Revision: Requirement in (b) to serve minors deleted to conform to 2006 amendment to section 744.511, Florida Statutes. Statutory References § 744.474, Fla....