Florida Guardianship Law 744.101 Questions and Answers

Florida Guardianship Law 744.101 Legislative intent.—744.1012 - Answer- The Legislature finds that: (1) Adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. (2) It is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed. (3) By recognizing that every individual has unique needs and differing abilities, it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose. (4) Private guardianship may be inadequate when there is no willing and responsible family member or friend, other person, bank, or corporation available to serve as guardian for an incapacitated person, and such person does not have adequate income or wealth for the compensation of a private guardian. (5) Through the establishment of the Office of Public and Professional Guardians, the Legislature intends to permit the establishment of offices of public guardians for the purpose of providing guardianship services for inc Attorney for the alleged incapacitated person 744.102 Definitions.—As used in this chapter, the term: - Answer- (1) "" 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 - Answer- 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" - Answer- means the clerk or deputy clerk of the court. (4) "Corporate guardian" - Answer- means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian. (5) "Court" - Answer- means the circuit court.