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Florida Statute 744.3045 | Lawyer Caselaw & Research
F.S. 744.3045 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 744.3045

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.3045
744.3045 Preneed guardian.
(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.
(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time.
(3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration.
(4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.
(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.
(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.
(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.
History.s. 21, ch. 89-96; s. 12, ch. 90-271.

F.S. 744.3045 on Google Scholar

F.S. 744.3045 on Casetext

Amendments to 744.3045


Arrestable Offenses / Crimes under Fla. Stat. 744.3045
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3045.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SMITH, v. J. SMITH,, 224 So. 3d 740 (Fla. 2017)

. . . See § 744.3045(1), Fla. Stat. (2016). . . . .

SMITH, v. J. SMITH,, 199 So. 3d 911 (Fla. Dist. Ct. App. 2016)

. . . This was in compliance with section 744.3045(2)(a), Florida Statutes (2013). . . .

MARTINEZ, v. GUARDIANSHIP OF J. SMITH,, 159 So. 3d 394 (Fla. Dist. Ct. App. 2015)

. . . She maintains that the trial court erred in failing to apply the statutory presumption of section 744.3045 . . . written declaration that names such guardian to serve in the event of the declarant’s incapacity.” § 744.3045 . . . constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian.” § 744.3045 . . . Section 744.3045(4), Florida Statutes (2012), also provides that “[t]he court shall not be bound to appoint . . . the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.” § 744.3045 . . .

KOSHENINA, In v. L. BUVENS, Jr., 130 So. 3d 276 (Fla. Dist. Ct. App. 2014)

. . . Section 744.3045(4), Florida Statutes (2010), provides in pertinent part that “[production of the declaration . . .

ACUNA v. DRESNER,, 41 So. 3d 997 (Fla. Dist. Ct. App. 2010)

. . . Moreover, Florida’s preneed guardian statute, section 744.3045, Florida Statutes (2009), provides for . . . designated preneed guardian as guardian when that preneed guardian is found to be unqualified to serve. § 744.3045 . . .

MILLER v. GOODELL, B. J., 958 So. 2d 952 (Fla. Dist. Ct. App. 2007)

. . . Section 744.3045(4), Florida Statutes (2005), provides in pertinent part: “Production of the declaration . . .

BUTLER, v. GUARDIANSHIP OF S. PEACOCK,, 898 So. 2d 1139 (Fla. Dist. Ct. App. 2005)

. . . According to section 744.3045(4) of the Florida Statutes, production of a written pre-need declaration . . . See § 744.3045(4), Fla. Stat. (2002). . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . pursuant to Part II of Chapter 765, Florida Statutes” and as “preneed guardian pursuant to section 744.3045 . . . have the same right as any other individual to be designated as a preneed guardian pursuant to section 744.3045 . . .

In ESTATE OF SALLEY, C. v., 742 So. 2d 268 (Fla. Dist. Ct. App. 1997)

. . . Gallagher to be guardian of her person as well as her property, pursuant to section 744.3045, Florida . . . The statute provides that such a declaration may be executed by a “competent” adult. § 744.3045(1), Fla . . .

DAVIS, v. KING,, 686 So. 2d 763 (Fla. Dist. Ct. App. 1997)

. . . Appellant filed a petition to intervene pursuant to section 744.3045, Florida Statutes (1995), claiming . . . Section 744.3045 provides in relevant part: (4) Production of the declaration in a proceeding for incapacity . . .