The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

F.S. 744.3725

744.3725 Procedure for extraordinary authority.—Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must:

(1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act;

(2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations;

(3) Personally meet with the incapacitated person to obtain its own impression of the person’s capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court;

(4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person’s capacity is not likely to change in the foreseeable future; and

(5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person.

The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems.

History.—s. 58, ch. 89-96; s. 43, ch. 90-271; s. 25, ch. 95-401; s. 1093, ch. 97-102; s. 3, ch. 2017-16.

F.S. 744.3725 on Google Scholar

F.S. 744.3725 on Casetext

Amendments to 744.3725

Arrestable Offenses / Crimes under Fla. Stat. 744.3725

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3725.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SMITH, v. J. SMITH,, 199 So. 3d 911 (Fla. Dist. Ct. App. 2016)

. . . Before the court may grant authority, section 744.3725(1), Florida Statutes (2013), requires the court . . . Additionally, section 744.3725(5), Florida Statutes (2013), requires the court to find by clear and convincing . . .

AUXIER, v. JEROME GOLDEN CENTER FOR BEHAVIORAL HEALTH, 85 So. 3d 1164 (Fla. Dist. Ct. App. 2012)

. . . .” § 744.3725(1), Fla. Stat. (2011). . . .

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

. . . . § 744.3725, Fla. Stat. Procedure for extraordinary authority. RULE 5.640. . . .

SCHIAVO, SCHINDLER v. SCHIAVO, W., 403 F.3d 1223 (11th Cir. 2005)

. . . . § 744.3725, on which Plaintiffs rely, is applicable to an action seeking to commit the ward to a facility . . .

SCHIAVO, SCHINDLER v. SCHIAVO, W., 357 F. Supp. 2d 1378 (M.D. Fla. 2005)

. . . . § 744.3725, on which Plaintiffs rely, is applicable to an action seeking to commit the ward to a facility . . .

In GUARDIANSHIP OF J. D. S. v., 864 So. 2d 534 (Fla. Dist. Ct. App. 2004)

. . . states in pertinent part: Without first obtaining specific authority from the court, as described in s. 744.3725 . . . Section 744.3725, Florida Statutes, states in pertinent part: Before the court may grant authority to . . . . § 744.3725, Fla. Stat. (2003). . § 744.107, Fla. Stat. (2003). . . .

MOGUL, v. MOGUL,, 730 So. 2d 1287 (Fla. Dist. Ct. App. 1999)

. . . See §§ 744.3215(4)(c) & 744.3725, Fla. Stat. (1997). See also Vaughan v. . . .

VAUGHAN, v. GUARDIANSHIP OF VAUGHAN,, 648 So. 2d 193 (Fla. Dist. Ct. App. 1994)

. . . judgment and remanded to the lower tribunal for compliance with the procedural requirements of section 744.3725 . . . determined incapacitated.— (4) Without first obtaining specific authority from the court, as described in s. 744.3725 . . . Although section 744.3725 provides that the above-quoted provision is procedural only and not intended . . . When we directed in Vaughan that an authorization order be refiled to meet the requirements of section 744.3725 . . .

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

. . . . § 744.3725, Fla.Stat. (Supp. 1990). . § 744.369(1) and (5), Fla.Stat. (Supp.1990). . . . .

VAUGHAN, v. VAUGHAN,, 630 So. 2d 1150 (Fla. Dist. Ct. App. 1993)

. . . Section 744.3725, Florida Statutes, on which petitioner relies, requires the court to authorize the guardian . . . See §§ 744.3215(4), 744.3725 and 61.052(l)(b). . . .

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

. . . . § 744.3725, Fla.Stat. Procedure for extraordinary authority. RULE 5.636. . . .

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

. . . Statutory Reference § 744.3725, Fla.Stat. Procedure for extraordinary authority. RULE 5.640. . . .

LEFEBVRE, v. NORTH BROWARD HOSPITAL DISTRICT, d b a, 566 So. 2d 568 (Fla. Dist. Ct. App. 1990)

. . . ), provides that without first obtaining specific authority from the court, as described in section 744.3725 . . . Section 744.3725 provides that before the court may grant authority to a guardian to exercise any of . . . Since there are Florida statutes (sections 390.001(4), 744.331, 744.3215(4)(e), and 744.3725) which apply . . . Also, we note that section 744.3725(5), which sets forth the procedures for extraordinary authority to . . . that guardian may then attempt to obtain specific authority from the court, as described in section 744.3725 . . .