The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.444

744.444 Power of guardian without court approval.—Without obtaining court approval, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may:

(1) Retain assets owned by the ward.

(2) Receive assets from fiduciaries or other sources.

(3) Vote stocks or other securities in person or by general or limited proxy or not vote stocks or other securities.

(4) Insure the assets of the estate against damage, loss, and liability and insure himself or herself against liability as to third persons.

(5) Execute and deliver in his or her name as guardian any instrument necessary or proper to carry out and give effect to this section.

(6) Pay taxes and assessments on the ward’s property.

(7) Pay valid encumbrances against the ward’s property in accordance with their terms, but no prepayment may be made without prior court approval.

(8) Pay reasonable living expenses for the ward, taking into consideration the accustomed standard of living, age, health, and financial condition of the ward. This subsection does not authorize the guardian of a minor to expend funds for the ward’s living expenses if one or both of the ward’s parents are alive.

(9) Elect to dissent from a will under s. 732.2125(2), seek approval to make an election in accordance with s. 732.401, or assert any other right or choice available to a surviving spouse in the administration of a decedent’s estate.

(10) Deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, money market mutual funds, or other prudent investments. The guardian may redeem or sell such deposits or investments to pay the reasonable living expenses of the ward as provided herein.

(11) Pay incidental expenses in the administration of the estate.

(12) Sell or exercise stock subscription or conversion rights and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.

(13) When reasonably necessary, employ persons, including attorneys, auditors, investment advisers, care managers, or agents, even if they are associated with the guardian, to advise or assist the guardian in the performance of his or her duties.

(14) Execute and deliver in his or her name as guardian any instrument that is necessary or proper to carry out the orders of the court.

(15) Hold a security in the name of a nominee or in other form without disclosure of the interest of the ward, but the guardian is liable for any act of the nominee in connection with the security so held.

(16) Pay or reimburse costs incurred and reasonable fees or compensation to persons, including attorneys, employed by the guardian pursuant to subsection (13) from the assets of the guardianship estate, subject to obtaining court approval of the annual accounting.

(17) Provide confidential information about a ward which is related to an investigation arising under s. 744.368 to the clerk, part II of this chapter to an Office of Public and Professional Guardians investigator, or part I of chapter 400 to a local or state ombudsman council member conducting such an investigation. Any such clerk, Office of Public and Professional Guardians investigator, or ombudsman shall have a duty to maintain the confidentiality of such information.

History.—s. 1, ch. 74-106; ss. 23, 26, ch. 75-222; s. 3, ch. 77-328; s. 282, ch. 79-400; s. 5, ch. 84-31; s. 74, ch. 89-96; s. 53, ch. 90-271; s. 1101, ch. 97-102; s. 8, ch. 2000-155; s. 12, ch. 2003-57; s. 18, ch. 2010-132; s. 4, ch. 2018-68.

F.S. 744.444 on Google Scholar

F.S. 744.444 on Casetext

Amendments to 744.444

Arrestable Offenses / Crimes under Fla. Stat. 744.444

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.444.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In J. S. J. v. J. PENA, M. D., 109 So. 3d 1281 (Fla. Dist. Ct. App. 2013)

. . . See also § 744.444(8), Fla. Stat. (2011). . . .

In L. COCKE D., 371 B.R. 554 (Bankr. M.D. Fla. 2007)

. . . Debtors are the legal guardians of their granddaughter, pursuant to Florida Statutes §§ 744.441 and 744.444 . . . Florida Statutes, § 744.444 authorizes guardians to take certain actions on behalf of their ward(s) without . . . an interest in a trust is not one of the 17 actions permitted without leave of court, pursuant to § 744.444 . . .

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

. . . authorization or confirmation of any act of the guardian is required pursuant to F.S. 744,-441 or F.S. 744.444 . . .

GALE, a v. HARBOR FEDERAL SAVINGS AND LOAN,, 571 So. 2d 114 (Fla. Dist. Ct. App. 1990)

. . . Section 744.444, Florida Statutes (1989) contains no language which would restrict a guardian from making . . . On the contrary, many of the fifteen subsections of section 744.444 permit a guardian to "pay” all ■ . . .

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

. . . authorization or confirmation of any act of the guardian is required pursuant to F.S. 744.441 or F.S. 744.444 . . .

AUERBACH, v. McKINNEY,, 549 So. 2d 1022 (Fla. Dist. Ct. App. 1989)

. . . See § 744.444(10), Fla.Stat. (1987) (“Without obtaining court approval, a guardian of the property may . . .

N. WELLS, Jr. v. WELLS,, 523 So. 2d 170 (Fla. Dist. Ct. App. 1988)

. . . Section 744.444(10), Florida Statutes, empowers a guardian to prudently invest a ward’s money without . . .

ARONSTAM v. BERNSTEIN,, 22 Fla. Supp. 2d 96 (Fla. Cir. Ct. 1987)

. . . See also Sections 744.441 and 744.444, Florida Statutes (1983) (Florida Guardianship Law). 9. . . .

A. BRYAN, III, v. CENTURY NATIONAL BANK,, 498 So. 2d 868 (Fla. 1986)

. . . court approval if required by section 744.441, and may act in its absence if so permitted under section 744.444 . . .

WEBSTER MOOREFIELD, P. A. A. A. v. CITY NATIONAL BANK OF MIAMI, C. W. C. W., 453 So. 2d 441 (Fla. Dist. Ct. App. 1984)

. . . respect to the ward’s property with court approval, Section 744.441, and without court approval, Section 744.444 . . .

VALENTINE, a v. KELNER, Ad, 452 So. 2d 965 (Fla. Dist. Ct. App. 1984)

. . . .-397(3), Florida Statutes (1981), which requires parental support of a minor and section 744.444(8), . . .

R. CILLEY, v. FIRST NATIONAL BANK OF MOUNT DORA,, 396 So. 2d 808 (Fla. Dist. Ct. App. 1981)

. . . The record reveals the guardian of the incompetent employed appellant, as permitted by section 744.444 . . .

DROZINSKI v. J. STRAUB,, 383 So. 2d 301 (Fla. Dist. Ct. App. 1980)

. . . guardian’s withdrawal of the funds from the joint accounts was permitted by the provisions of Section 744.444 . . . We decline to interpret Section 744.444(9) in its 1975 version as conferring on a guardian the right . . .

BECK, a k a v. BECK, a k a R., 383 So. 2d 268 (Fla. Dist. Ct. App. 1980)

. . . . § 744.444, Fla.Stat. (1979). . . .