"Florida Guardianship Law." 744.10
744.102 Definitions.—As used in this chapter, the term:
(1) "Attorney for the alleged incapacitated person" means an attorney who represents the alleged
incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated
person to the extent it is consistent with the rules regulating The Florida Bar.
(2) "Audit" means a systematic review of financial and all other documents to ensure compliance with s.
744.368, rules of court, and local procedures using generally accepted accounting principles. The term
includes various practices that meet professional standards, such as verifications, reviews of
substantiating papers and accounts, interviews, inspections, and investigations.
(3) "Clerk" means the clerk or deputy clerk of the court.
(4) "
Corporate guardian"
means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a
nonprofit corporate guardian.
(5) "
Court"
means the circuit court.
(6) "
Court monitor"
means a person appointed by the court under s. 744.107 to provide the court with information
concerning a ward.
(7) "
Estate"
means the property of a ward subject to administration.
(8) "
Foreign guardian"
means a guardian appointed in another state or country.
(9) "
Guardian"
means a person who has been appointed by the court to act on behalf of a ward's person or property, or
both.
(a) "
Limited guardian"
means a guardian who has been appointed by the court to exercise the legal rights and powers
specifically designated by court order entered after the court has found that the ward lacks the capacity
,to do some, but not all, of the tasks necessary to care for his or her person or property, or after the
person has voluntarily petitioned for appointment of a limited guardian.
(b) "
Plenary guardian"
means a person who has been appointed by the court to exercise all delegable legal rights and powers of
the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary
to care for his or her person or property.
(10) "
Guardian ad litem"
means a person who is appointed by the court having jurisdiction of the guardianship or a court in which
a particular legal matter is pending to represent a ward in that proceeding.
(11) "
Guardian advocate"
means a person appointed by a written order of the court to represent a person with developmental
disabilities under s. 393.12. As used in this chapter, the term does not apply to a guardian advocate
appointed for a person determined incompetent to consent to treatment under s. 394.4598.
(12) "
Incapacitated person"
means a person who has been judicially determined to lack the capacity to manage at least some of the
property or to meet at least some of the essential health and safety requirements of the person.
(a) To "
manage property"
means to take those actions necessary to obtain, administer, and dispose of real and personal property,
intangible property, business property, benefits, and income.
(b) To "
meet essential requirements for health or safety"
means to take those actions necessary to provide the health care, food, shelter, clothing, personal
hygiene, or other care without which serious and imminent physical injury or illness is more likely than
not to occur.
(13) "
Minor"
means a person under 18 years of age whose disabilities have not been removed by marriage or
otherwise.
(14) "Next of kin" means those persons who would be heirs at law of the ward or alleged incapacitated
person if the person were deceased and includes the lineal descendants of the ward or alleged
incapacitated person.
(15) "
, Nonprofit corporate guardian"
means a nonprofit corporation organized for religious or charitable purposes and existing under the laws
of this state.
(16) "
Preneed guardian"
means a person named in a written declaration to serve as guardian in the event of the incapacity of the
declarant as provided in s. 744.3045.
(17) "
Professional guardian"
means any guardian who has at any time rendered services to three or more wards as their guardian. A
person serving as a guardian for two or more relatives as defined in s. 744.309(2) is not considered a
professional guardian. A public guardian shall be considered a professional guardian for purposes of
regulation, education, and registration.
(18) "
Property"
means both real and personal property or any interest in it and anything that may be the subject of
ownership.
(19) "
Standby guardian"
means a person empowered to assume the duties of guardianship upon the death or adjudication of
incapacity of the last surviving natural or appointed guardian.
Surrogate guardian"
means a guardian designated according to s. 744.442.
(21) "
Totally incapacitated"
means incapable of exercising any of the rights enumerated in s. 744.3215(2) and (3).
(22) "
Ward"
means a person for whom a guardian has been appointed.
744.104 Verification of documents.—
When VERIFICATION OF DOCUMENTS is required in this chapter or by rule, the document filed shall
include an
oath or affirmation or the following statement:
744.102 Definitions.—As used in this chapter, the term:
(1) "Attorney for the alleged incapacitated person" means an attorney who represents the alleged
incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated
person to the extent it is consistent with the rules regulating The Florida Bar.
(2) "Audit" means a systematic review of financial and all other documents to ensure compliance with s.
744.368, rules of court, and local procedures using generally accepted accounting principles. The term
includes various practices that meet professional standards, such as verifications, reviews of
substantiating papers and accounts, interviews, inspections, and investigations.
(3) "Clerk" means the clerk or deputy clerk of the court.
(4) "
Corporate guardian"
means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a
nonprofit corporate guardian.
(5) "
Court"
means the circuit court.
(6) "
Court monitor"
means a person appointed by the court under s. 744.107 to provide the court with information
concerning a ward.
(7) "
Estate"
means the property of a ward subject to administration.
(8) "
Foreign guardian"
means a guardian appointed in another state or country.
(9) "
Guardian"
means a person who has been appointed by the court to act on behalf of a ward's person or property, or
both.
(a) "
Limited guardian"
means a guardian who has been appointed by the court to exercise the legal rights and powers
specifically designated by court order entered after the court has found that the ward lacks the capacity
,to do some, but not all, of the tasks necessary to care for his or her person or property, or after the
person has voluntarily petitioned for appointment of a limited guardian.
(b) "
Plenary guardian"
means a person who has been appointed by the court to exercise all delegable legal rights and powers of
the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary
to care for his or her person or property.
(10) "
Guardian ad litem"
means a person who is appointed by the court having jurisdiction of the guardianship or a court in which
a particular legal matter is pending to represent a ward in that proceeding.
(11) "
Guardian advocate"
means a person appointed by a written order of the court to represent a person with developmental
disabilities under s. 393.12. As used in this chapter, the term does not apply to a guardian advocate
appointed for a person determined incompetent to consent to treatment under s. 394.4598.
(12) "
Incapacitated person"
means a person who has been judicially determined to lack the capacity to manage at least some of the
property or to meet at least some of the essential health and safety requirements of the person.
(a) To "
manage property"
means to take those actions necessary to obtain, administer, and dispose of real and personal property,
intangible property, business property, benefits, and income.
(b) To "
meet essential requirements for health or safety"
means to take those actions necessary to provide the health care, food, shelter, clothing, personal
hygiene, or other care without which serious and imminent physical injury or illness is more likely than
not to occur.
(13) "
Minor"
means a person under 18 years of age whose disabilities have not been removed by marriage or
otherwise.
(14) "Next of kin" means those persons who would be heirs at law of the ward or alleged incapacitated
person if the person were deceased and includes the lineal descendants of the ward or alleged
incapacitated person.
(15) "
, Nonprofit corporate guardian"
means a nonprofit corporation organized for religious or charitable purposes and existing under the laws
of this state.
(16) "
Preneed guardian"
means a person named in a written declaration to serve as guardian in the event of the incapacity of the
declarant as provided in s. 744.3045.
(17) "
Professional guardian"
means any guardian who has at any time rendered services to three or more wards as their guardian. A
person serving as a guardian for two or more relatives as defined in s. 744.309(2) is not considered a
professional guardian. A public guardian shall be considered a professional guardian for purposes of
regulation, education, and registration.
(18) "
Property"
means both real and personal property or any interest in it and anything that may be the subject of
ownership.
(19) "
Standby guardian"
means a person empowered to assume the duties of guardianship upon the death or adjudication of
incapacity of the last surviving natural or appointed guardian.
Surrogate guardian"
means a guardian designated according to s. 744.442.
(21) "
Totally incapacitated"
means incapable of exercising any of the rights enumerated in s. 744.3215(2) and (3).
(22) "
Ward"
means a person for whom a guardian has been appointed.
744.104 Verification of documents.—
When VERIFICATION OF DOCUMENTS is required in this chapter or by rule, the document filed shall
include an
oath or affirmation or the following statement:
