The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3675

744.3675 Annual guardianship plan.—Each guardian of the person must file with the court an annual guardianship plan which updates information about the condition of the ward. The annual plan must specify the current needs of the ward and how those needs are proposed to be met in the coming year.

(1) Each plan for an adult ward must, if applicable, include:

(a) Information concerning the residence of the ward, including:

1. The ward’s address at the time of filing the plan.

2. The name and address of each place where the ward was maintained during the preceding year.

3. The length of stay of the ward at each place.

4. A statement of whether the current residential setting is best suited for the current needs of the ward.

5. Plans for ensuring during the coming year that the ward is in the best residential setting to meet his or her needs.

(b) Information concerning the medical and mental health conditions and treatment and rehabilitation needs of the ward, including:

1. A résumé of any professional medical treatment given to the ward during the preceding year.

2. The report of a physician or an advanced practice registered nurse registered under s. 464.0123 who examined the ward no more than 90 days before the beginning of the applicable reporting period. If the guardian has requested a physician to complete the examination and prepare the report and the physician has delegated that responsibility, the examination may be performed and the report may be prepared and signed by a physician assistant acting pursuant to s. 458.347(4)(h) or s. 459.022(4)(g), or by an advanced practice registered nurse acting pursuant to s. 464.012(3). The report must contain an evaluation of the ward’s condition and a statement of the current level of capacity of the ward.

3. The plan for providing medical, mental health, and rehabilitative services in the coming year.

1. The social and personal services currently used by the ward.

2. The social skills of the ward, including a statement of how well the ward communicates and maintains interpersonal relationships.

3. The social needs of the ward.

(d)1. A list of any preexisting:

a. Orders not to resuscitate executed in accordance with s. 401.45(3) and the dates such orders were signed; or

b. Advance directives as defined in s. 765.101 and the dates such directives were signed.

2. For each item listed under subparagraph 1., the plan must state whether the order or directive has been revoked, modified, or suspended by the court.

(e) A description of the steps taken to identify and locate a preexisting order not to resuscitate or advance directive.

(2) Each plan filed by the legal guardian of a minor must include:

(a) Information concerning the residence of the minor, including:

1. The minor’s address at the time of filing the plan.

2. The name and address of each place the minor lived during the preceding year.

(b) Information concerning the medical and mental health conditions and treatment and rehabilitation needs of the minor, including:

1. A résumé of any professional medical treatment given to the minor during the preceding year.

2. A report from the physician who examined the minor no more than 180 days before the beginning of the applicable reporting period that contains an evaluation of the minor’s physical and mental conditions.

3. The plan for providing medical services in the coming year.

1. A summary of the school progress report.

2. The social development of the minor, including a statement of how well the minor communicates and maintains interpersonal relationships.

3. The social needs of the minor.

(3) Each plan for an adult ward must address the issue of restoration of rights to the ward and include:

(a) A summary of activities during the preceding year that were designed to enhance the capacity of the ward.

(b) A statement of whether the ward can have any rights restored.

(4) The court, in its discretion, may require reexamination of the ward by a physician at any time.

History.—s. 51, ch. 89-96; s. 34, ch. 90-271; s. 11, ch. 96-354; s. 1786, ch. 97-102; s. 4, ch. 97-161; s. 16, ch. 2006-178; s. 36, ch. 2020-9; s. 5, ch. 2020-35; s. 3, ch. 2020-73; s. 4, ch. 2023-287.

F.S. 744.3675 on Google Scholar

F.S. 744.3675 on Casetext

Amendments to 744.3675

Arrestable Offenses / Crimes under Fla. Stat. 744.3675

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3675.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. . . . Duty to file annual guardianship report. § 744.3675, Fla. Stat. . . .

G. S. v. T. B., 985 So. 2d 978 (Fla. 2008)

. . . See § 744.3675, Fla. Stat. (2005). . . . . § 744.3675, Fla. Stat. (2005). . . .

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

. . . revised. 2006 Revision: Subdivision (e)(2) amended to conform to requirement in sections 744,362(1) and 744.3675 . . . Duty to file annual guardianship report. § 744.3675, Fla. Stat. . . . Duty to file annual guardianship report. § 744.3675, Fla. Stat. . . .

In GUARDIANSHIP OF H. SAPP. O v., 868 So. 2d 687 (Fla. Dist. Ct. App. 2004)

. . . . §§ 744.367(1), 744.3675; Fla. P.R. 5.695(a)(1). See generally Robert P. . . .

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

. . . . § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. . . . Duty to file annual guardianship report. § 744.3675, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . . § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat. . . .

SUN BANK AND TRUST COMPANY, v. G. JONES,, 645 So. 2d 1008 (Fla. Dist. Ct. App. 1994)

. . . Guardian of Property for the time period of July 1,1990 through June 30, 1991, pursuant to sections 744.3675 . . .

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

. . . . § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat. . . . Duty to file annual guardianship report. § 744.3675, Fla.Stat. . . . Duty to file annual guardianship report. § 744.3675, Fla.Stat. . . . Duty to file annual guardianship report. § 744.3675, Fla.Stat. . . .

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

In AMENDMENT TO FLORIDA PROBATE RULE- PART III GUARDIANSHIP, 551 So. 2d 452 (Fla. 1989)

. . . report must include the annual guardianship plan and the annual financial return in compliance with F.S. 744.3675 . . .