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The Florida Senate

2004 Florida Statutes

SECTION 3145
Guardian education requirements.
Section 744.3145, Florida Statutes 2004

744.3145  Guardian education requirements.--

(1)  Each ward is entitled to a guardian competent to perform the duties of a guardian necessary to protect the interests of the ward.

(2)  Each person appointed by the court to be a guardian, other than a parent who is the guardian of the property of a minor child, must receive a minimum of 8 hours of instruction and training which covers:

(a)  The legal duties and responsibilities of the guardian;

(b)  The rights of the ward;

(c)  The availability of local resources to aid the ward; and

(d)  The preparation of habilitation plans and annual guardianship reports, including financial accounting for the ward's property.

(3)  Each person appointed by the court to be the guardian of the property of his or her minor child must receive a minimum of 4 hours of instruction and training that covers:

(a)  The legal duties and responsibilities of the guardian of the property;

(b)  The preparation of the initial inventory and annual guardianship accountings for the ward's property; and

(c)  Use of guardianship assets.

(4)  Each person appointed by the court to be a guardian must complete the required number of hours of instruction and education within 1 year after his or her appointment as guardian. The instruction and education must be completed through a course approved by the chief judge of the circuit court and taught by a court-approved organization. Court-approved organizations may include, but are not limited to, community or junior colleges, guardianship organizations, and the local bar association or The Florida Bar.

(5)  Expenses incurred by the guardian to satisfy the education requirement may be paid from the ward's estate, unless the court directs that such expenses be paid by the guardian individually.

(6)  The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. The court shall make its decision on a case-by-case basis and, in making its decision, shall consider the experience and education of the guardian, the duties assigned to the guardian, and the needs of the ward.

(7)  The provisions of this section do not apply to professional guardians.

History.--s. 31, ch. 89-96; s. 17, ch. 90-271; s. 1077, ch. 97-102; s. 3, ch. 97-161; s. 11, ch. 2003-57.