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The Florida Senate

2006 Florida Statutes

Powers and duties of guardian.
Section 744.361, Florida Statutes 2006

744.361  Powers and duties of guardian.--

(1)  The guardian of an incapacitated person may exercise only those rights that have been removed from the ward and delegated to the guardian. The guardian of a minor shall exercise the powers of a plenary guardian.

(2)  The guardian shall file an initial guardianship report in accordance with s. 744.362

(3)  The guardian shall file a guardianship report annually in accordance with s. 744.367

(4)  The guardian of the person shall implement the guardianship plan.

(5)  When two or more guardians have been appointed, the guardians shall consult with each other.

(6)  A guardian who is given authority over any property of the ward shall:

1(a)  Protect and preserve the property and invest it prudently as defined in s. 737.302, apply it as provided in s. 744.397, and account for it faithfully.

(b)  Perform all other duties required of him or her by law.

(c)  At the termination of the guardianship, deliver the property of the ward to the person lawfully entitled to it.

(7)  The guardian shall observe the standards in dealing with the guardianship property that would be observed by a prudent person dealing with the property of another, and, if the guardian has special skills or is named guardian on the basis of representations of special skills or expertise, he or she is under a duty to use those skills.

(8)  The guardian, if authorized by the court, shall take possession of all of the ward's property and of the rents, income, issues, and profits from it, whether accruing before or after the guardian's appointment, and of the proceeds arising from the sale, lease, or mortgage of the property or of any part. All of the property and the rents, income, issues, and profits from it are assets in the hands of the guardian for the payment of debts, taxes, claims, charges, and expenses of the guardianship and for the care, support, maintenance, and education of the ward or the ward's dependents, as provided for under the terms of the guardianship plan or by law.

(9)  A professional guardian must ensure that each of the guardian's wards is personally visited by the guardian or one of the guardian's professional staff at least once each calendar quarter. During the personal visit, the guardian or the guardian's professional staff person shall assess:

(a)  The ward's physical appearance and condition.

(b)  The appropriateness of the ward's current living situation.

(c)  The need for any additional services and the necessity for continuation of existing services, taking into consideration all aspects of social, psychological, educational, direct service, health, and personal care needs.

This subsection does not apply to a professional guardian who has been appointed only as guardian of the property.

History.--s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 45, ch. 89-96; s. 29, ch. 90-271; s. 1084, ch. 97-102; s. 13, ch. 2006-178; s. 45, ch. 2006-217.

1Note.--Section 45, ch. 2006-217, amended paragraph (6)(a), effective July 1, 2007, to read:

(a)  Protect and preserve the property and invest it prudently as provided in chapter 518, apply it as provided in s. 744.397, and account for it faithfully.

Note.--Created from former ss. 744.48, 744.49.