Florida Statute 744.474 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 744.474

Total Results: 20

In Re: Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2024-07-03

Snippet: 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian.

In RE: AMENDMENTS TO the FLORIDA PROBATE RULES-2018 FAST-TRACK REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 253 So. 3d 983

Snippet: 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian.

Silveira v. Guardianship of Quiroga

Court: District Court of Appeal of Florida | Date Filed: 2015-01-28

Citation: 156 So. 3d 574, 2015 Fla. App. LEXIS 1000, 2015 WL 350723

Snippet: for the removal of a guardian, see §§ 744.474, 744.477, Fla. Stat. (2013). In response to

Swan v. Trost

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

Snippet: to protect the ward and the ward’s assets. . 744.474. Reasons for removal of guardian A guardian may

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2011-09-28

Citation: 73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Snippet: § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. §

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. §

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: 511, Florida Statutes. Statutory References § 744.474, Fla. Stat. Reasons for removal of guardian. §

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Stat. Partition for purpose of distribution. § 744.474, Fla. Stat. Reasons for removal of guardian. §

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2001-10-11

Citation: 807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Snippet: Stat. Partition for purpose of distribution. § 744.474, Fla. Stat. Reasons for removal of guardian. §

Anderson v. Dawson

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

Citation: 711 So. 2d 1318, 1998 Fla. App. LEXIS 6447, 1998 WL 288408

Snippet: the voluntary resignation by a guardian. Section 744.474, Florida Statutes (1995), provides reasons for

Wright v. State, Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1996-02-21

Citation: 668 So. 2d 661, 1996 Fla. App. LEXIS 1517, 1996 WL 71370

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

In Re Guardianship of Neher

Court: District Court of Appeal of Florida | Date Filed: 1995-09-01

Citation: 659 So. 2d 1294, 1995 WL 517660

Snippet: discharge her as guardian pursuant to section 744.474, Florida Statutes (1993). The trial judge found

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: Fla.Stat. Partition for purpose of distribution. 744.474, Fla.Stat. Reasons for removal of guardian. 744

Glatthar v. Hoequist

Court: District Court of Appeal of Florida | Date Filed: 1992-06-05

Citation: 600 So. 2d 1205, 1992 Fla. App. LEXIS 5821, 1992 WL 118343

Snippet: guardian be independent and impartial"). . §§ 744.474(11); 744.391, Fla.Stat. (1991). See Jannis v. Tanner

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1991-08-22

Citation: 584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Snippet: changes in all subdivisions. Statutory References § 744.474, Fla. Stat. Reasons for removal of guardian. §

Syna v. Lewen

Court: District Court of Appeal of Florida | Date Filed: 1989-10-03

Citation: 549 So. 2d 755, 14 Fla. L. Weekly 2322, 1989 Fla. App. LEXIS 5388, 1989 WL 114462

Snippet: exercise of her fiduciary obligations. See §§ 744.474, .477; 731.-201(21), Fla.Stat. (1987). Rule 4-1

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Snippet: 814 Partition for purpose of distribution. F.S. 744.474 Reasons for removal of guardian. F.S. 744.477 Proceedings

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Snippet: 814 Partition for purpose of distribution. F.S. 744.474 Reasons for removal of guardian. F.S. 744.477 Proceedings

Webster & Moorefield v. City Nat. Bk.

Court: District Court of Appeal of Florida | Date Filed: 1984-07-10

Citation: 453 So. 2d 441

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

Johnson v. Knight

Court: District Court of Appeal of Florida | Date Filed: 1983-01-04

Citation: 424 So. 2d 166, 1983 Fla. App. LEXIS 18402

Snippet: grounds for removing the guardian under F.S. § 744.474(1). It is uncontroverted that the grandfather and