Florida Statutes
Fla. Stat. § 744.474 (2025)
Reasons for removal of guardian.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1977–2024 · leading case: Florida Bar, 537 So. 2d 500 (Fla. 1988).
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 744.474 Reasons for removal of guardian.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “Statutory References § 744.474, Fla. Stat. Reasons for removal of guardian.”
In Re the Matter of Castro, 344 So. 2d 270 (Fla. 4th DCA 1977). “See Section 744.474, Florida Statutes (1975).”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.474, Fla. Stat. Reasons for removal of guardian.”
In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). “§ 744.474, Fla. Stat. Reasons for removal of guardian.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.474, Fla. Stat. Reasons for removal of guardian.”
In Re Guardianship of Neher, 659 So. 2d 1294 (Fla. 2d DCA 1995). “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).”
Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “He also argued that the court should remove her as guardian pursuant to section 744.474 3 for “fraud, abuse, waste, mismanagement and conflict/self-dealing transactions” and remove her as Trustee pursuant to section 736.”
Webster & Moorefield v. City Nat. Bk., 453 So. 2d 441 (Fla. 3d DCA 1984). “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.”
Wright v. State, Dep't of Health & Rehabilitative Servs., 668 So. 2d 661 (Fla. 4th DCA 1996). “Appellant was removed as guardian of all her wards as provided by section 744.474(12), Florida Statutes (1993) on a finding of probable cause by HRS that she had exploited her wards by improper management of funds.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “Statutory References § 744.474, Fla.Stat. Reasons for removal of guardian.”
Amendments to Florida Prob. Rules, 807 So. 2d 622 (Fla. 2001). “§ 744.474, Fla. Stat. Reasons for removal of guardian.”
— 744.474(1) — 1 case
Johnson v. Knight, 424 So. 2d 166 (Fla. 3d DCA 1983).
— 744.474(11) — 1 case
Glatthar v. Hoequist, 600 So. 2d 1205 (Fla. 5th DCA 1992).
— 744.474(12) — 1 case
Wright v. State, Dep't of Health & Rehabilitative Servs., 668 So. 2d 661 (Fla. 4th DCA 1996). “Appellant was removed as guardian of all her wards as provided by section 744.474(12), Florida Statutes (1993) on a finding of probable cause by HRS that she had exploited her wards by improper management of funds.”
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