The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.369

744.369 Judicial review of guardianship reports.—

(1) The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court.

(2) The court may appoint a general or special magistrate to assist the court in its review function. The court may require the general or special magistrate to conduct random field audits.

(3) If an initial or annual report is not timely filed, the court shall order the guardian to file the report or to show cause why the report has not been filed within the prescribed time. Service of the order and subsequent proceedings shall be governed by s. 744.3685.

(4) The court must review the initial and annual guardianship report to determine that the report:

(a) Meets the needs of the ward;

(b) Authorizes the guardian to act only in areas in which an adult ward has been declared incapacitated; and

(5) Upon examining the initial or annual guardianship report, the court shall enter an order approving or disapproving the report. If the court disapproves the report, the court shall order the guardian to provide a revised report or proof of any item in the report to the court. The guardian shall do so within a reasonable amount of time set by court.

(6) If the guardian fails to comply with the court order entered pursuant to subsection (5), the court shall take immediate action to compel compliance or to sanction the guardian after a hearing with appropriate notice to the ward, the ward’s counsel, if any, the guardian, and the ward’s next of kin.

(7) If an objection has been filed to a report, the court shall set the matter for hearing and shall conduct the hearing within 30 days after the filing of the objection. After the hearing, the court shall enter a written order either approving, or ordering modifications to, the report. If an objection is found to be without merit, the court may assess costs and attorney’s fees against the person who made the objection.

(8) The approved report constitutes the authority for the guardian to act in the forthcoming year. The powers of the guardian are limited by the terms of the report. The annual report may not grant additional authority to the guardian without a hearing, as provided for in s. 744.331, to determine that the ward is incapacitated to act in that matter. Unless the court orders otherwise, the guardian may continue to act under authority of the last-approved report until the forthcoming year’s report is approved.

History.—s. 54, ch. 89-96; s. 38, ch. 90-271; s. 1, ch. 99-277; s. 96, ch. 2004-11; s. 17, ch. 2015-83.

F.S. 744.369 on Google Scholar

F.S. 744.369 on Casetext

Amendments to 744.369

Arrestable Offenses / Crimes under Fla. Stat. 744.369

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.369.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ROTHMAN- BROWNING, Co- u a d Co- QTIP VIII u a d v. MARSHALL, Co- u a d Co- QTIP VIII u a d N. A. Co- u a d Co- QTIP VIII u a d, 83 So. 3d 859 (Fla. Dist. Ct. App. 2011)

. . . The guardian responds that section 744.369(1), Florida Statutes, only requires the trial court to review . . . Section 744.369(7) provides that, “[i]f an objection has been filed to a report, the court shall set . . . Section 744.369(1) provides that, “[t]he court shall review the annual guardianship report within 30 . . . days after the filing of the clerk’s report of findings to the court.” § 744.369(1), Fla. . . . Otherwise, sections 744.367(4) and 744.369(7) would be rendered meaningless. . . .

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

. . . . § 744.369, Fla. Stat. Judicial review of guardianship reports. § 744.467, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . . § 744.369, Fla. Stat. Judicial review of guardianship reports. § 744.467, Fla. Stat. . . . Statutory Reference § 744.369(2), Fla. Stat. Judicial review of guardianship reports. . . .

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

. . . . § 744.369, Fla. Stat. Judicial review of guardianship reports. § 744.467, Fla. Stat. . . .

MORGAN, v. GUARDIANSHIP OF TURGEON,, 724 So. 2d 175 (Fla. Dist. Ct. App. 1999)

. . . See § 744.369(8) (additional authority may not be granted to guardian without a hearing as provided for . . . F.S. 744.369(8).”). . . .

L. Y. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 696 So. 2d 430 (Fla. Dist. Ct. App. 1997)

. . . Plourde, 396 So.2d 1215 (Fla. 3d DCA 1981) Section 744.369, Florida Statutes, provides for judicial review . . . then reviews the condition of the ward annually, or more frequently by petition, pursuant to sections 744.369 . . .

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

. . . . § 744.369(1) and (5), Fla.Stat. (Supp.1990). . . . .

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

. . . . § 744.369, Fla.Stat. Judicial review of guardianship reports. RSt§ 744.467, Fla.Stat. . . . Statutory Reference § 744.369(2), Fla.Stat. Judicial review of guardianship reports. . . .

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

. . . Statutory Reference § 744.369(2), Fla.Stat. Judicial review of guardianship report. . . .