The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3021

744.3021 Guardians of minors.—

(1) Except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian.

(2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court.

(3) In its discretion, the court may appoint an attorney to represent the interests of a minor at the hearing on the petition for appointment of a guardian.

(4) If a petition is filed pursuant to this section requesting appointment of a guardian for a minor who is the subject of any proceeding under chapter 39 and who is aged 17 years and 6 months or older, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings under s. 744.331. The alleged incapacitated minor under this subsection shall be provided all the due process rights conferred upon an alleged incapacitated adult pursuant to this chapter and applicable court rules. The order of adjudication under s. 744.331 and the letters of limited or plenary guardianship may issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this subsection shall be conducted separately from any other proceeding.

History.—s. 9, ch. 90-271; s. 6, ch. 2015-112.

F.S. 744.3021 on Google Scholar

F.S. 744.3021 on Casetext

Amendments to 744.3021

Arrestable Offenses / Crimes under Fla. Stat. 744.3021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. . . .

In GUARDIANSHIP OF J. D. S. v., 864 So. 2d 534 (Fla. Dist. Ct. App. 2004)

. . . Under section 744.3021, any person interested in the welfare of a minor may be appointed guardian of . . . Under section 744.3021, such a procedure is not required in cases involving persons under 18 years of . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. . . .

M. C. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 814 So. 2d 449 (Fla. Dist. Ct. App. 2001)

. . . See § 744.3021, Fla. Stat. (1997); Fla. R. Juv. P. 8.215(a), 8.617(a). . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . . § 744.3021, Fla. Stat. Guardians of minors. § 744.334, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla.Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Statutory References § 744.3021, Fla.Stat. Guardians of minors. § 744.334, Fla.Stat.' . . .