The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.447

744.447 Petition for authorization to act.—

(1) Application for authorization to perform, or confirmation of, any acts under s. 744.441 or s. 744.446 shall be by petition stating the facts showing the expediency or necessity for the action; a description of any property involved; and the price and terms of a sale, mortgage, or other contract. The application must state whether it conforms to the general terms of the guardianship report and whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised.

(2) No notice of a petition to authorize a sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other acts under s. 744.441 or s. 744.446 shall be given to the ward, to the next of kin, if any, and to those interested persons who have filed requests for notices and copies of pleadings, as provided in the Florida Probate Rules, unless waived by the court. Notice need not be given to a ward who is under 14 years of age or who has been determined to be totally incapacitated.

History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 12, ch. 79-221; s. 76, ch. 89-96; s. 55, ch. 90-271.

Note.—Created from former s. 745.06.

F.S. 744.447 on Google Scholar

F.S. 744.447 on Casetext

Amendments to 744.447

Arrestable Offenses / Crimes under Fla. Stat. 744.447

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.447.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA PROBATE RULES, 199 So. 3d 835 (Fla. 2016)

. . . . § 744.447, Fla. Stat. Petition for authorization to act. ch. 751, Fla. Stat. . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s. 744.447 . . .

In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . Guardianship Reports Section 744.447(2), Florida Statutes (2011), entitled Matthias Trost, as next of . . . (Emphasis added). . 744.447 Petition for authorization to act.— (2) ... . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 744.447, Fla. Stat. Petition for authorization to act. ch. 751, Fla. Stat. . . .

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

. . . . § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. . . . Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.447, Fla . . . Powers of guardian upon court approval. § 744.447, Fla. Stat. . . . Powers of guardian upon court approval. § 744.447, Fla. Stat. Petition for authorization to act. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. . . . [No Change] Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503, 744.447 . . . committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.447 . . . Powers of guardian upon court approval. § 744.447, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . . § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. . . .

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

. . . . § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. . . . Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503, 744.447, and . . . Powers of guardian upon court approval. § 744.447, Fla. Stat. . . . Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.447, Fla . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . Specifically, the Fifth District cited section 744.447(2), which requires that notice of a petition to . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. . . .

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

. . . . § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. . . . Conflicts of interest; prohibited activities; court approval;, breach of fiduciary duty. § 744.447, Fla . . . Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.447, Fla . . .

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

. . . . § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. . . .

CLARKE, v. G. SCHIMMEL, A., 774 So. 2d 7 (Fla. Dist. Ct. App. 2000)

. . . property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s. 744.447 . . .

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

. . . . § 744.447, Fla.Stat. Petition for authorization to act. § 744.477, Fla.Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla.Stat. . . .

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

. . . interest between guardian and ward must be approved in advance by the court, and pursuant to section 744.447 . . . Fla.Prob.R. 5.630(b); § 744.447(2), Fla.Stat. (1991). None was given in this case. . . . proofs filed by Jones on May 28, 1992, and by Jones’ attorney in support of his petition for fees. . § 744.447 . . .

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

. . . . § 744.447, Fla.Stat. Petition for authorization to act. § 744.477, Fla.Stat. . . . Notice of petition for appointment of guardian and hearing. § 744.447, Fla.Stat. . . . Powers of guardian upon court approval. § 744.447, Fla.Stat. . . . Conflicts of interest; prohibited activities; court approval. § 744.447, Fla.Stat. . . . Powers of guardian upon court approval. § 744.447, Fla.Stat. Petition for authorization to act. . . .

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

. . . . § 744.447, Fla.Stat. Petition for authorization to act. § 744.477, Fla.Stat. . . . Conflicts of interest; prohibited activities; court approval. § 744.447, Fla.Stat. . . . Committee Notes Rule History 1975 Revision: Substantially the same as sections 744.503, 744.447, and . . . Powers of guardian upon court approval. § 744.447, Fla.Stat. . . . Powers of guardian upon court approval. § 744.447, Fla.Stat. Petition for authorization to act. . . .

ARTIGAS, v. WINN DIXIE STORES, INC., 578 So. 2d 356 (Fla. Dist. Ct. App. 1991)

. . . See Section 744.102(4) and Sections 744.387 — 744.447, Florida Statutes (1989). . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 744.447 Petition for authorization to act. F.S. 744.477 Proceedings for removal. . . . F.S. 744.447 Petition for authorization to act. F.S. 744.467 Resignation of guardian. RULE 5.620. . . . Committee Notes Rule History 1975 Revision: Substantially the same as F.S. 744.503, 744.447, and 744.451 . . . committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S. 744.447 . . . F.S. 744.447 Petition for authorization to act. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 744.447 Petition for authorization to act. F.S. 744.477 Proceedings for removal. . . . F.S. 744.447 Petition for authorization to act. F.S. 744.467 Resignation of guardian. . . . Committee Notes 1975 Revision: Substantially the same as F.S. 744.503, 744.447, and 744.451 with editorial . . . committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to F.S. 744.447 . . . F.S. 744.447 Petition for authorization to act. Committee Vote: Unanimous RULE 5.650. . . .

NORTHEAST BANK OF CLEARWATER, v. L. BENTLEY, L., 413 So. 2d 480 (Fla. Dist. Ct. App. 1982)

. . . Section 744.447, Florida Statutes (1977), provided that an application for authorization to perform, . . . property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s. 744.447 . . .

THE FLORIDA BAR. In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 387 So. 2d 949 (Fla. 1980)

. . . Committee Notes: 1975 Revision: Substantially the same as FGL 744.503, 744.447, and 744.451 with editorial . . . committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to FGL 744.447 . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Substantially the same as FGL 744.447 and FGL 744.451 with editorial changes. RULE 5.640. . . .