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The Florida Senate

2006 Florida Statutes

Power of guardian without court approval.
Section 744.444, Florida Statutes 2006

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 whether to dissent from a will under the provisions of s. 732.2125(2) 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 that is related to an investigation arising under part I of chapter 400 to a local or state ombudsman council member conducting such an investigation. Any such 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.