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Florida Statute 744.331 | Lawyer Caselaw & Research
F.S. 744.331 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.331
744.331 Procedures to determine incapacity.
(1) NOTICE OF PETITION TO DETERMINE INCAPACITY.Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person. The notice and copies of the petitions must also be given to the attorney for the alleged incapacitated person, and served upon all next of kin identified in the petition. The notice must state the time and place of the hearing to inquire into the capacity of the alleged incapacitated person and that an attorney has been appointed to represent the person and that, if she or he is determined to be incapable of exercising certain rights, a guardian will be appointed to exercise those rights on her or his behalf.
(2) ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON.
(a) When a court appoints an attorney for an alleged incapacitated person, the court must appoint the office of criminal conflict and civil regional counsel or a private attorney as prescribed in s. 27.511(6). A private attorney must be one who is included in the attorney registry compiled pursuant to s. 27.40. Appointments of private attorneys must be made on a rotating basis, taking into consideration conflicts arising under this chapter.
(b) The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The alleged incapacitated person may substitute her or his own attorney for the attorney appointed by the court.
(c) Any attorney representing an alleged incapacitated person may not serve as guardian of the alleged incapacitated person or as counsel for the guardian of the alleged incapacitated person or the petitioner.
(d) An attorney seeking to be appointed by a court for incapacity and guardianship proceedings must have completed a minimum of 8 hours of education in guardianship. A court may waive the initial training requirement for an attorney who has served as a court-appointed attorney in incapacity proceedings or as an attorney of record for guardians for not less than 3 years. This training requirement does not apply to a court-appointed attorney employed by an office of criminal conflict and civil regional counsel.
(3) EXAMINING COMMITTEE.
(a) Within 5 days after a petition for determination of incapacity has been filed, the court shall appoint an examining committee consisting of three members. One member must be a psychiatrist or other physician. The remaining members must be either a psychologist, a gerontologist, a psychiatrist, a physician, an advanced practice registered nurse, a registered nurse, a licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or any other person who by knowledge, skill, experience, training, or education may, in the court’s discretion, advise the court in the form of an expert opinion. One of three members of the committee must have knowledge of the type of incapacity alleged in the petition. Unless good cause is shown, the attending or family physician may not be appointed to the committee. If the attending or family physician is available for consultation, the committee must consult with the physician. Members of the examining committee may not be related to or associated with one another, with the petitioner, with counsel for the petitioner or the proposed guardian, or with the person alleged to be totally or partially incapacitated. A member may not be employed by any private or governmental agency that has custody of, or furnishes, services or subsidies, directly or indirectly, to the person or the family of the person alleged to be incapacitated or for whom a guardianship is sought. A petitioner may not serve as a member of the examining committee. Members of the examining committee must be able to communicate, either directly or through an interpreter, in the language that the alleged incapacitated person speaks or to communicate in a medium understandable to the alleged incapacitated person if she or he is able to communicate. The clerk of the court shall send notice of the appointment to each person appointed no later than 3 days after the court’s appointment.
(b) A person who has been appointed to serve as a member of an examining committee to examine an alleged incapacitated person may not thereafter be appointed as a guardian for the person who was the subject of the examination.
(c) Each person appointed to an examining committee must file an affidavit with the court stating that he or she has completed the required courses or will do so no later than 4 months after his or her initial appointment. Each year, the chief judge of the circuit must prepare a list of persons qualified to be members of an examining committee.
(d) A member of an examining committee must complete a minimum of 4 hours of initial training. The person must complete 2 hours of continuing education during each 2-year period after the initial training. The initial training and continuing education program must be developed under the supervision of the Office of Public and Professional Guardians, in consultation with the Florida Conference of Circuit Court Judges; the Elder Law and the Real Property, Probate and Trust Law sections of The Florida Bar; and the Florida State Guardianship Association. The court may waive the initial training requirement for a person who has served for not less than 5 years on examining committees. If a person wishes to obtain his or her continuing education on the Internet or by watching a video course, the person must first obtain the approval of the chief judge before taking an Internet or video course.
(e) Each member of the examining committee shall examine the person. Each examining committee member must determine the alleged incapacitated person’s ability to exercise those rights specified in s. 744.3215. In addition to the examination, each examining committee member must have access to, and may consider, previous examinations of the person, including, but not limited to, habilitation plans, school records, and psychological and psychosocial reports voluntarily offered for use by the alleged incapacitated person. Each member of the examining committee must file his or her report with the clerk of the court within 15 days after appointment.
(f) The examination of the alleged incapacitated person must include a comprehensive examination, a report of which shall be filed by each examining committee member as part of his or her written report. The comprehensive examination report should be an essential element, but not necessarily the only element, used in making a capacity and guardianship decision. The comprehensive examination must include, if indicated:
1. A physical examination;
2. A mental health examination; and
3. A functional assessment.

If any of these three aspects of the examination is not indicated or cannot be accomplished for any reason, the written report must explain the reasons for its omission.

(g) Each committee member’s written report must include:
1. To the extent possible, a diagnosis, prognosis, and recommended course of treatment.
2. An evaluation of the alleged incapacitated person’s ability to retain her or his rights, including, without limitation, the rights to marry; vote; contract; manage or dispose of property; have a driver license; determine her or his residence; consent to medical treatment; and make decisions affecting her or his social environment.
3. The results of the comprehensive examination and the committee member’s assessment of information provided by the attending or family physician, if any.
4. A description of any matters with respect to which the person lacks the capacity to exercise rights, the extent of that incapacity, and the factual basis for the determination that the person lacks that capacity.
5. The names of all persons present during the time the committee member conducted his or her examination. If a person other than the person who is the subject of the examination supplies answers posed to the alleged incapacitated person, the report must include the response and the name of the person supplying the answer.
6. The signature of the committee member and the date and time the member conducted his or her examination.
(h) Within 3 days after receipt of each examining committee member’s report, the clerk shall serve the report on the petitioner and the attorney for the alleged incapacitated person by electronic mail delivery or United States mail, and, upon service, shall file a certificate of service in the incapacity proceeding. The petitioner and the attorney for the alleged incapacitated person must be served with all reports at least 10 days before the hearing on the petition, unless the reports are not complete, in which case the petitioner and attorney for the alleged incapacitated person may waive the 10 day requirement and consent to the consideration of the report by the court at the adjudicatory hearing. If such service is not timely effectuated, the petitioner or the alleged incapacitated person may move for a continuance of the hearing.
(i) The petitioner and the alleged incapacitated person may object to the introduction into evidence of all or any portion of the examining committee members’ reports by filing and serving a written objection on the other party no later than 5 days before the adjudicatory hearing. The objection must state the basis upon which the challenge to admissibility is made. If an objection is timely filed and served, the court shall apply the rules of evidence in determining the reports’ admissibility. For good cause shown, the court may extend the time to file and serve the written objection.
(4) DISMISSAL OF PETITION.If a majority of the examining committee members conclude that the alleged incapacitated person is not incapacitated in any respect, the court shall dismiss the petition.
(5) ADJUDICATORY HEARING.
(a) Upon appointment of the examining committee, the court shall set the date upon which the petition will be heard. The adjudicatory hearing must be conducted at least 10 days, which time period may be waived, but no more than 30 days, after the filing of the last filed report of the examining committee members, unless good cause is shown. The adjudicatory hearing must be conducted at the time and place specified in the notice of hearing and in a manner consistent with due process.
(b) The alleged incapacitated person must be present at the adjudicatory hearing, unless waived by the alleged incapacitated person or the person’s attorney or unless good cause can be shown for her or his absence. Determination of good cause rests in the sound discretion of the court.
(c) In the adjudicatory hearing on a petition alleging incapacity, the partial or total incapacity of the person must be established by clear and convincing evidence.
(6) ORDER DETERMINING INCAPACITY.If, after making findings of fact on the basis of clear and convincing evidence, the court finds that a person is incapacitated with respect to the exercise of a particular right, or all rights, the court shall enter a written order determining such incapacity. In determining incapacity, the court shall consider the person’s unique needs and abilities and may only remove those rights that the court finds the person does not have the capacity to exercise. A person is determined to be incapacitated only with respect to those rights specified in the order.
(a) The court shall make the following findings:
1. The exact nature and scope of the person’s incapacities;
2. The exact areas in which the person lacks capacity to make informed decisions about care and treatment services or to meet the essential requirements for her or his physical or mental health or safety;
3. The specific legal disabilities to which the person is subject; and
4. The specific rights that the person is incapable of exercising.
(b) When an order determines that a person is incapable of exercising delegable rights, the court must consider and find whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person. A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person. If the court finds there is not an alternative to guardianship that sufficiently addresses the problems of the incapacitated person, a guardian must be appointed to exercise the incapacitated person’s delegable rights.
(c) In determining that a person is totally incapacitated, the order must contain findings of fact demonstrating that the individual is totally without capacity to care for herself or himself or her or his property.
(d) An order adjudicating a person to be incapacitated constitutes proof of such incapacity until further order of the court.
(e) After the order determining that the person is incapacitated has been filed with the clerk, it must be served on the incapacitated person. The person is deemed incapacitated only to the extent of the findings of the court. The filing of the order is notice of the incapacity. An incapacitated person retains all rights not specifically removed by the court.
(f) Upon the filing of a verified statement by an interested person stating:
1. That he or she has a good faith belief that the alleged incapacitated person’s trust, trust amendment, or durable power of attorney is invalid; and
2. A reasonable factual basis for that belief,

the trust, trust amendment, or durable power of attorney shall not be deemed to be an alternative to the appointment of a guardian. The appointment of a guardian does not limit the court’s power to determine that certain authority granted by a durable power of attorney is to remain exercisable by the agent.

(7) FEES.
(a) The examining committee and any attorney appointed under subsection (2) are entitled to reasonable fees to be determined by the court.
(b) The fees awarded under paragraph (a) shall be paid by the guardian from the property of the ward or, if the ward is indigent, by the state. The state shall have a creditor’s claim against the guardianship property for any amounts paid under this section. The state may file its claim within 90 days after the entry of an order awarding attorney ad litem fees. If the state does not file its claim within the 90-day period, the state is thereafter barred from asserting the claim. Upon petition by the state for payment of the claim, the court shall enter an order authorizing immediate payment out of the property of the ward. The state shall keep a record of the payments.
(c) If the petition is dismissed or denied:
1. The fees of the examining committee shall be paid upon court order as expert witness fees under s. 29.004(6).
2. Costs and attorney fees of the proceeding may be assessed against the petitioner if the court finds the petition to have been filed in bad faith. The petitioner shall also reimburse the state courts system for any amounts paid under subparagraph 1. upon such a finding.
History.ss. 9, 26, ch. 75-222; s. 4, ch. 77-328; s. 1, ch. 78-342; s. 6, ch. 79-221; s. 35, ch. 89-96; s. 20, ch. 90-271; s. 4, ch. 91-303; s. 5, ch. 91-306; s. 7, ch. 96-354; s. 1783, ch. 97-102; s. 76, ch. 2004-265; s. 4, ch. 2006-77; s. 11, ch. 2006-178; s. 44, ch. 2006-217; s. 28, ch. 2007-62; s. 11, ch. 2015-83; s. 33, ch. 2016-40; s. 1, ch. 2017-16; s. 89, ch. 2018-110; s. 35, ch. 2020-9; s. 11, ch. 2022-195.

F.S. 744.331 on Google Scholar

F.S. 744.331 on Casetext

Amendments to 744.331


Arrestable Offenses / Crimes under Fla. Stat. 744.331
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.331.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLACE, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC., 275 So. 3d 782 (Fla. App. Ct. 2019)

. . . to determine incapacity of his father, Milton Wallace ("Milton"), pursuant to sections 744.3201 and 744.331 . . . "must have knowledge of the type of incapacity alleged in the petition." § 744.331(3)(a). . . . Further, section 744.331(3)(e) provides that each member of the examining committee "must have access . . . to, and may consider," previous examinations of the AIP. § 744.331(3)(e). . . . Thus, based on the procedures set forth in section 744.331, contrary to Mark's concern, each member of . . . neurology, psychology, psychiatry, gerontology, nursing, or social work appointed pursuant to section 744.331 . . . with an attending or family physician identified in the petition, if "available for consultation." § 744.331 . . . prohibited by section 744.3201 or Florida Probate Rule 5.550 regarding the petition, nor by section 744.331 . . .

S. COOK, v. COOK, 260 So. 3d 281 (Fla. App. Ct. 2018)

. . . Section 744.331(3)(a), Florida Statutes (2017), governing the composition of examining committees provides . . . ignores other subsections of section 744.331(3). . . . For example, section 744.331(3)(c) provides that: (c) Each person appointed to an examining committee . . . Likewise, the majority ignores section 744.331(3)(d), which provides that: (d) A member of an examining . . . I find section 744.331(3)(f) ambiguous. . . . guardianship court issued an order appointing a three-member examining committee pursuant to section 744.331 . . . The relevant statute is section 744.331, Florida Statutes (2017). . . . The statute requires that each member of the examining committee examine the prospective ward. § 744.331 . . . Id. at § 744.331(3)(f). . . . We find that the plain language of section 744.331 requires, at a minimum: (1) An examination by each . . .

J. SCHLESINGER, v. JACOB,, 240 So. 3d 75 (Fla. App. Ct. 2018)

. . . . § 744.331(3)(g)1.-6. . . .

SARFATY, v. In M. S., 232 So. 3d 1074 (Fla. Dist. Ct. App. 2017)

. . . notice to the alleged incapacitated person after a petition to determine incapacity is filed, section 744.331 . . . THE EXAMINING COMMITTEE REQUIREMENTS As with the notice provisions already addressed, section 744.331 . . . Because the examining committee reports are all untimely, the procedural requirements of § 744.331 of . . . Valdes, as the court appointed Elisor, failed to comply with section 744.331(1), Florida Probate Rule . . . Nearly every provision ,in section 744.331 contains mandatory language. . . . unusual record, M.S.’s reliance on strict adherence to the time and notice requirements in section 744.331 . . . Although In re Fey holds that “compliance with section 744.331 and rule 5.550 is mandatory,” 624 So.2d . . . These were the flagrant departures, from the mandatory requirements of section 744.331 in Borden. . . . single examining committee report was filed a single day after the 15-day- period allowed in section 744.331 . . . opinion — a broadly-written statement in Borden that “[cjompliance with the requirements of section 744.331 . . .

IN RE AMENDMENTS TO FLORIDA PROBATE RULES AND FAST- TRACK REPORT, 226 So. 3d 245 (Fla. 2017)

. . . The proposed amendments are in response to changes to sections 744.331 and 744.367, Florida Statutes . . . add new subdivisions (e) (Reports) and (f) (Adjudicatory Hearing) to address changes made to sections 744.331 . . . (3)(e), (3)(h), and (5)(a), Florida Statutes (2016), and the creation of new section 744.331(3)(i), Florida . . . See § 744.331(3)(e), (3)(h), & (3)(i), Fla. Stat. (2017). . . . See § 744.331(5)(a), Fla. Stat. (2017). . . .

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

. . . See § 744.331, Fla. Stat. (2016). . . . Id.; § 744.331(6), Fla. Stat. . . . specified in [section] 744.3215,” and each member must submit a written report with his or her findings. § 744.331 . . . partial or total incapacity of the person must be established by clear and convincing evidence.” § 744.331 . . .

CAMPBELL, v. E. CAMPBELL E. W. L. L. K. D., 219 So. 3d 938 (Fla. Dist. Ct. App. 2017)

. . . for filing and the trial court is directed to hold proceedings on the motion consistent with section 744.331 . . .

K. MEYER v. WATRAS,, 223 So. 3d 1010 (Fla. Dist. Ct. App. 2017)

. . . costs, including costs and attorney fees for the guardian’s attorney, an attorney appointed under s. 744.331 . . .

In GUARDIANSHIP OF E. BECK, E. II, J. v. R. E., 204 So.3d 143 (Fla. Dist. Ct. App. 2016)

. . . Upon a determination of incapacity in accord with section 744.331, the trial court may appoint a plenary . . . The court observed that there is a gap in section 744.331(7) in that it provides that fees and costs . . . Chlipala was appointed by the trial court pursuant to section 744.331 and that his entitlement to fees . . . and costs must arise, if at all, exclusively from section 744.331(7)—a statute under which Mr. . . . Chlipala sought fees under section 744.331(7), . Mr. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 200 So. 3d 761 (Fla. 2016)

. . . . § 744.331, Fla, Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. . . .

LINDE, v. In M. LINDE,, 199 So. 3d 1102 (Fla. Dist. Ct. App. 2016)

. . . Pursuant to section 744.331, the trial court appointed a three-person examining committee to assist the . . . we briefly examine the relevant provisions of the two statutes implicated in this case: (i) section 744.331 . . . appoint a three-person examining committee to determine initially a person’s alleged incapacity. § 744.331 . . . (emphasis added) At any time after a ward is declared incapacitated pursuant to section 744.331, any . . . In fact, section 744.464(2) neither incorporates section 744.331’s examination requirements, nor contains . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 199 So. 3d 835 (Fla. 2016)

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Advance directives for health care. § 744.3201, Fla, Stat, Petition to determine incapacity. § 744.331 . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .

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

. . . Cram-er continued to be represented by Hennessy, which violated section 744.331(2)(c), Florida Statutes . . .

GORT v. GORT,, 185 So. 3d 607 (Fla. Dist. Ct. App. 2016)

. . . See § 744.331(1)-(3), Fla. Stat. (2014). . . . See § 744.331(4), Fla. Stat. (2012). . . . Section 744.331, Florida Statutes (2012), provides that when a petition to determine incapacity is filed . . . to examine the alleged incapacitated person, all of whom are to file their reports with the court. § 744.331 . . . Id. § 744.331(5)(a). . . . Id. § 744.331(4). . . .

ZELMAN, v. ZELMAN,, 175 So. 3d 871 (Fla. Dist. Ct. App. 2015)

. . . Rogers, 147 So.3d 549, 550 (Fla. 4th DCA 2014) (citing §§ 744.102(14), 744.331(1), 744.3371(1), Fla. . . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . .

C. ADELMAN, K. K. v. ELFENBEIN,, 174 So. 3d 516 (Fla. Dist. Ct. App. 2015)

. . . re Fey, 624 So.2d 770, 772 (Fla. 4th DCA 1993) (holding compliance with the requirements of section 744.331 . . . This action was commenced under section 744.331, Florida Statutes (2009), entitled “[procedures to determine . . . If there is an alternative to guardianship, the court is prohibited from appointing a guardian. § 744.331 . . .

H. SAADEH, v. CONNORS,, 166 So. 3d 959 (Fla. Dist. Ct. App. 2015)

. . . The court also relied on section 744.331(2)(c), Florida Statutes, which precludes an attorney for the . . . determine incapacity, the court must appoint an attorney to represent the alleged incapacitated person. § 744.331 . . . incapacitated person or as counsel for the guardian of the alleged incapacitated person or the petitioner.” § 744.331 . . .

S. STEINER P. v. GUARDIANSHIP OF S. STEINER P. N., 159 So. 3d 253 (Fla. Dist. Ct. App. 2015)

. . . Subsequently, under section 744.331(2)(b), Florida Statutes (2013), the trial court appointed Michael . . . Kouskoutis each petitioned the court for attorney’s fees under section 744.331. . . . “Because sections 744.108 and 744.331 do not contemplate the payment of fees and costs from an alleged . . . See § 744.331(7)(c). . . . However, although section 744.331(7) pertains to the payment of fees to both examining committees and . . .

NORMAN, v. STATE, 159 So. 3d 205 (Fla. Dist. Ct. App. 2015)

. . . safely handle and discharge the firearm; (i) Has not been adjudicated an incapacitated person under s. 744.331 . . .

Q. SILVEIRA, v. QUIROGA,, 156 So. 3d 574 (Fla. Dist. Ct. App. 2015)

. . . appointed a three-member examining committee to determine Ana Maria’s capacity as specified in section 744.331 . . . See § 744.331(2)(a), Fla. Stat. (2013). . . .

In AMENDMENTS TO FLORIDA PROBATE RULE, 150 So. 3d 1100 (Fla. 2014)

. . . . § 744.331(1), Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . .

BIVINS, v. ROGERS,, 147 So. 3d 549 (Fla. Dist. Ct. App. 2014)

. . . See §§ 744.102(14), 744.331(1), 744.3371(1), Fla. Stat. (2012). . . .

In GUARDIANSHIP OF RAWL, M. v. R., 133 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . with the statutory procedures providing for examinations by committee members set forth in section 744.331 . . . Attorney McKinney argued that section 744.331(3) did not prohibit the Ward’s attorney from contacting . . . But section 744.331 does not specifically prohibit the Ward’s attorney from contacting an examining committee . . .

In GUARDIANSHIP OF W. KLATTHAAR. W. v. J. B. RN S. S. LMHC, PA J. MD,, 129 So. 3d 482 (Fla. Dist. Ct. App. 2014)

. . . Klatthaar pursuant to section 744.331(2)(b), Florida Statutes (2011), and an order appointing a three-member . . . examining committee pursuant to section 744.331(3)(a). . . . Because sections 744.108 and 744.331 do not contemplate the payment of fees and costs from an alleged . . . Section 744.331, Procedures to Determine Incapacity Section 744.331(7)(a) entitles the examining committee . . . See § 744.331(7)(c). . . .

Dr. DRELICH, v. GUARDIANSHIP OF DRELICH,, 201 So. 3d 15 (Fla. Dist. Ct. App. 2013)

. . . sought to be appointed guardian—may warrant an attorney’s fee award against the wife under section 744.331 . . . The wife alleged that her husband “is incapacitated according to the provisions of F.S. 744.331,” and . . . Section 744.331(7), entitled “Fees,” first directs the court to award reasonable fees to the examining . . . committee and any court-appointed attorney in a procedure to determine incapacity. § 744.331(7)(a), . . . Section 744.331(7)(c) addresses bad faith at the point of the filing of the petition. . . . .

F. SEARLE, v. S. BENT, F. F., 137 So. 3d 1028 (Fla. Dist. Ct. App. 2013)

. . . . § 744.331(6)®.” . . . Section 744.331, Florida Statutes (2010), sets forth the procedure for determining incapacity and for . . . authority granted by a durable power of attorney is to remain exercisable by the attorney in fact. § 744.331 . . . Searle’s interests and welfare, the trial court complied with the plain language of section 744.331(6 . . . There is nothing in section 744.331(6)(f) that invalidates the challenged documents. . . .

MARTINEZ, J. SMITH, v. CRAMER,, 121 So. 3d 580 (Fla. Dist. Ct. App. 2013)

. . . . § 744.331(2)(b), Fla. . . . . § 744.331(2)(a), Fla. Stat. (2012). . . . This court noted that section 744.331(2)(a) requires a trial court to appoint counsel for a ward when . . .

McPHEETERS, v. GUARDIANSHIP OF F. McPHEETERS,, 118 So. 3d 903 (Fla. Dist. Ct. App. 2013)

. . . review because it merely determined that Appellee is entitled to attorney’s fees pursuant to section 744.331 . . .

MARTINEZ, J. v. CRAMER,, 125 So. 3d 974 (Fla. Dist. Ct. App. 2013)

. . . . § 744.331(2)(b), Fla. . . . . § 744.331(2)(a), Fla. Stat. (2012). . . .

M. KRUMHOLZ, v. In GUARDIANSHIP OF H. K., 114 So. 3d 341 (Fla. Dist. Ct. App. 2013)

. . . ninety days to permit the trial court judge to make the requisite findings of fact pursuant to section 744.331 . . .

SHEN, s h a v. PARKES,, 100 So. 3d 1189 (Fla. Dist. Ct. App. 2012)

. . . Pursuant to the guardianship statute, section 744.331, Florida Statutes (2011), an examining committee . . . Section 744.331, Florida Statutes, governs the procedure for determining incapacity. . . . Section 744.331(3)(e), Florida Statutes (2011), provides: Each member of the examining committee shall . . . Section 744.331(3)(f), Florida Statutes (2011), provides: The examination of the alleged incapacitated . . . See § 744.331(3)(g), Fla. Stat. (2011). . . .

JASSER, As Co- H. v. H. SAADEH,, 97 So. 3d 241 (Fla. Dist. Ct. App. 2012)

. . . As is required under section 744.331(2)(a), Florida Statutes (2008), the court appointed an attorney, . . . guardianship could not be dismissed before receiving the report of the examining committee: Section 744.331 . . . Compliance with the requirements of section 744.331 is mandatory and the trial court’s failure to adhere . . . See § 744.331(4), Fla. . . . retained by the ward from participating in the incapacity proceedings even though, pursuant to section 744.331 . . .

ROTHMAN, v. ROTHMAN,, 93 So. 3d 1052 (Fla. Dist. Ct. App. 2012)

. . . . § 744.331(4), Fla. Stat. (2010). We agree and grant the petition. . . . The AIP has repeatedly sought dismissal of the guardianship proceedings based on section 744.331(4), . . . In his petition, the AIP argues that section 744.331(4) requires the trial court to dismiss the petition . . . The AIP’s grandson, the petitioner in the guardianship proceedings, responds that if section 744.331( . . . We have held that section 744.331(4) should be strictly construed. . . .

L. LOSH, v. McKINLEY,, 86 So. 3d 1150 (Fla. Dist. Ct. App. 2012)

. . . See § 744.331(5)(c), Fla. . . .

B. FAULKNER, v. FAULKNER, F., 65 So. 3d 1167 (Fla. Dist. Ct. App. 2011)

. . . See § 744.331(1), (2)(b), Fla. Stat. . . . See § 744.331(3), Fla. Stat. . . . . § 744.331(4), Fla. Stat.; see also Levine v. . . . Section 744.331 provides for the payment of the examining committee fees, as follows: (7) FEES.— (a) . . . The court noted that there was a “gap” in section 744.331(7) where a good faith petition is denied or . . .

GARCIA, v. In VALLADARES,, 99 So. 3d 518 (Fla. Dist. Ct. App. 2011)

. . . appeals from a non-final order finding entitlement to costs and attorney fees, pursuant to section 744.331 . . .

O BRIEN, v. T. McMAHON, a L. Jr. A. E. a a T. T. a, 44 So. 3d 1273 (Fla. Dist. Ct. App. 2010)

. . . See § 744.331, Fla. Stat. (2009); § 744.342, Fla. Stat. (2009). . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .

FERNANDEZ, v. GUARDIANSHIP OF FERNANDEZ,, 36 So. 3d 175 (Fla. Dist. Ct. App. 2010)

. . . .” § 744.331(5)(a), Fla. Stat. (2008). . . .

LEGG, v. STATE, 15 So. 3d 918 (Fla. Dist. Ct. App. 2009)

. . . 2008), provides: Whenever a person is adjudicated mentally or physically incapacitated pursuant to s. 744.331 . . . Section 744.331, Florida Statutes (2008), provides the procedures for determining incapacity under the . . . plainly provides that the court shall require a person adjudicated incompetent pursuant to section 744.331 . . . The state argues that the procedures for determining incompetency under sections 744.331 and 916.106 . . .

EHRLICH, v. K. ALLEN,, 10 So. 3d 1210 (Fla. Dist. Ct. App. 2009)

. . . See § 744.331(7)(c), Fla. . . .

LEVINE, v. P. LEVINE,, 4 So. 3d 730 (Fla. Dist. Ct. App. 2009)

. . . See § 744.331, Fla. Stat. (2008). After the examining committee members concluded that Mr. . . . Stimmel moved to dismiss the incapacity petition pursuant to section 744.331(4), which provides “[i]f . . . While section 744.331(7)(a) allows the trial court to award members of the examining committee reasonable . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Application for appointment. § 744.331(1), Fla. Stat. . . .

EHRLICH, v. SEVERSON, M. D. X. D., 985 So. 2d 639 (Fla. Dist. Ct. App. 2008)

. . . See § 744.331(7), Fla. Stat. (2007). Reversed. WARNER and POLEN, JJ., concur. . . . . .” § 744.331(7)(a), Fla. Stat. (1995). . . .

GRAHAM, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 970 So. 2d 438 (Fla. Dist. Ct. App. 2007)

. . . Luke Graham argues in response that this court should interpret section 744.331(6)(b), Florida Statutes . . . trial court erred in doing so without sufficient evidence of Betty’s incapacity pursuant to section 744.331 . . . partial or total incapacity of the person must be established by clear and convincing evidence.” § 744.331 . . . Further, section 744.331(5)(a), Florida Statutes (2007), states: Upon appointment of the examining committee . . . The court found that although the report of the examining committee established under section 744.331 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .

J. SCANNAVINO, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 242 F.R.D. 662 (M.D. Fla. 2007)

. . . Although Section 744.331, Florida Statutes, describes a lengthy administrative procedure for a determination . . . Stat. § 744.331 (2006); McJunkin v. . . . Finally, Section 744.331(6), Florida Statutes, permits a court to determine a person’s incapacity only . . . Stat. § 744.331(6) (2006); Poteat v. . . .

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

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Considerations in appointment of guardian. § 744.331, Fla. Stat. . . . Application for appointment. § 744.331(1), Fla. Stat. . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . For example, a petition to determine incapacity under section 744.331, Florida Statutes (2006), requires . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . .

J. McJUNKIN, v. J. McJUNKIN L., 896 So. 2d 962 (Fla. Dist. Ct. App. 2005)

. . . .” § 744.331(1), Fla. . . .

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

. . . In response to Belford’s petition, the court initiated proceedings pursuant to section 744.331, Florida . . . guardian of the minor without the necessity to adjudicate the minor incompetent as set forth in section 744.331 . . .

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

. . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . Considerations in appointment of guardian. § 744.331, Fla. Stat. . . . Application for appointment. § 744.331(1), Fla. Stat. . . . Rights of persons determined incapacitated. § 744.331, Fla. Stat. . . .

SMITH v. J. LYNCH F., 821 So. 2d 1197 (Fla. Dist. Ct. App. 2002)

. . . .” § 744.331(6X0, Fla. Stat. (2001). . . .

BORDEN, v. GUARDIANSHIP OF BORDEN- MOORE,, 818 So. 2d 604 (Fla. Dist. Ct. App. 2002)

. . . dismissal of the action without the benefit of the examining committee’s report, a requirement of section 744.331 . . . Section 744.331 contemplates that once a facially sufficient petition to determine incapacity has been . . . Compliance with the requirements of section 744.331 is mandatory and the trial court’s failure to adhere . . .

MOLNAR, v. MALTZ,, 786 So. 2d 1276 (Fla. Dist. Ct. App. 2001)

. . . Section 744.331 requires that each member of the examining committee examine the alleged incapacitated . . .

A. MONAHAN, v. HOLMES,, 139 F. Supp. 2d 253 (D. Conn. 2001)

. . . . § 744.331. . . . Stat. § 744.331(5)(e). . . .

POTEAT, v. GUARDIANSHIP OF POTEAT,, 771 So. 2d 569 (Fla. Dist. Ct. App. 2000)

. . . . § 744.331(6), Fla. Stat. (1999). . . .

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

. . . . § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. . . . Petition to determine incapacity. § 744.331, Fla. Stat. . . . petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331 . . . Considerations in appointment of guardian. § 744.331, Fla. Stat. . . .

HOLMES W. v. BURCHETT,, 766 So. 2d 387 (Fla. Dist. Ct. App. 2000)

. . . appointment of Bur-chett, Holmes filed a written notice of substitution of counsel pursuant to section 744.331 . . . incapacitated person may substitute her or his own attorney for the attorney appointed by the court.” § 744.331 . . . In re Fey, 624 So.2d 770, 772 (Fla. 4th DCA 1993) (holding compliance with requirements of section 744.331 . . .

E. MATHES, v. HUELSMAN,, 743 So. 2d 626 (Fla. Dist. Ct. App. 1999)

. . . Pursuant to section 744.331(3), Florida Statutes (1997), the trial court appointed the appropriate examining . . . In support of this argument, Mathes cites section 744.331(4) which reads, “If the examining committee . . . Mathes argues that because Huelsman filed the petitions in bad faith, section 744.331(7) entitles her . . .

In M. WILEY. M. v., 739 So. 2d 172 (Fla. Dist. Ct. App. 1999)

. . . Bass, challenges the constitutionality of section 744.331, Florida Statutes (1997), which allows Hillsborough . . .

MORGAN, v. GUARDIANSHIP OF TURGEON,, 724 So. 2d 175 (Fla. Dist. Ct. App. 1999)

. . . Rather than appointing an examining committee within five days pursuant to section 744.331(3)(a), Florida . . . filed a petition for a writ of mandamus to compel the circuit court to follow the dictates of section 744.331 . . . ) (additional authority may not be granted to guardian without a hearing as provided for in section 744.331 . . . that additional rights of the ward be removed, the entire procedure to determine incapacity (see F.S. 744.331 . . . trusting that the circuit court judge will appoint a three-member examining committee pursuant to section 744.331 . . .

H. COOPER, v. F. COOPER,, 725 So. 2d 1175 (Fla. Dist. Ct. App. 1998)

. . . The petitioner argues that only an order of incapacity pursuant to section 744.331, Florida Statutes . . .

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

. . . . § 744.331, Fla.Stat. Procedures to determine incapacity. § 744.3371, Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331 . . . Considerations in appointment of guardian. § 744.331, Fla.Stat. . . .

VAUGHAN, v. GUARDIANSHIP OF VAUGHAN,, 648 So. 2d 193 (Fla. Dist. Ct. App. 1994)

. . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . . : (1) whether Buford Vaughan has been adjudged incapacitated according to the provisions of section 744.331 . . .

In GUARDIANSHIP OF V. FUQUA, 646 So. 2d 795 (Fla. Dist. Ct. App. 1994)

. . . circuit court issued an order appointing an examining committee of three persons pursuant to section 744.331 . . . Under section 744.331(6)(b), Florida Statutes (1993): [i]n any order declaring a person incapacitated . . .

GOLDBERG, v. GOLDBERG J., 643 So. 2d 656 (Fla. Dist. Ct. App. 1994)

. . . alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 . . .

In FEY, a k a R. FEY, v. CURTIS,, 624 So. 2d 770 (Fla. Dist. Ct. App. 1993)

. . . the Ward of her right to due process and equal protection of the laws and was violative of section 744.331 . . . Section 744.331(2)(a) provides: The court shall appoint an attorney for each person alleged to be incapacitated . . . should weigh prejudice to the Ward, if any, when reviewing an order appointing a guardian under section 744.331 . . . F.S. 744.331(1),” however, it does not comply with the rule. . . .

D. WILSON, v. TAYLOR, 620 So. 2d 1145 (Fla. Dist. Ct. App. 1993)

. . . Section 744.331(7)(c), Fla.Stat. (1991). REVERSED. . . .

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

. . . Petition to determine incapacity. 744.331(1) Adjudication of person mentally or physically- incompetent . . . Petition to determine incapacity. § 744.331(4), Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . Considerations in appointment of guardian. § 744.331, Fla.Stat. . . .

LeWINTER, v. GUARDIANSHIP LeWINTER,, 606 So. 2d 387 (Fla. Dist. Ct. App. 1992)

. . . See § 744.331(6), Fla. Stat. (1991). . . . First, the report of the examining committee established under section 744.331(3)(a), which did contain . . . appellant’s privacy and dignity, is unsupported by the clear and convincing evidence required by section 744.331 . . . The committee’s report was received in evidence pursuant to section 744.331(3)(c), Florida Statutes ( . . . was not held on the report within fourteen days after the filing of the report as required by section 744.331 . . .

GLATTHAR, v. E. HOEQUIST,, 600 So. 2d 1205 (Fla. Dist. Ct. App. 1992)

. . . This order was entered at the conclusion of an adjudicatory hearing held pursuant to section 744.331( . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . . § 744.331(4), Fla.Stat. . . . Petition to determine incapacity. § 744.331, Fla.Stat. . . . petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331 . . . Considerations in appointment of guardian. § 744.331, Fla.Stat. . . . Rights of persons determined incapacitated. § 744.331, Fla.Stat. . . .

LEFEBVRE, v. NORTH BROWARD HOSPITAL DISTRICT, d b a, 566 So. 2d 568 (Fla. Dist. Ct. App. 1990)

. . . Section 744.331(3)(a), however, provides that a three-member examining committee must be appointed when . . . Since there are Florida statutes (sections 390.001(4), 744.331, 744.3215(4)(e), and 744.3725) which apply . . .

MERRETT, v. NAGEL,, 564 So. 2d 229 (Fla. Dist. Ct. App. 1990)

. . . The petition met all of the requirements of section 744.331, Florida Statutes (1985). . . .

In BRYAN, Jr., 550 So. 2d 447 (Fla. 1989)

. . . Bryan Jr., declared by the trial court to be incompetent to manage his property pursuant to section 744.331 . . . for a judicial inquiry into the mental or physical condition, or both, of the alleged incompetent. § 744.331 . . . statute provides no guidance regarding the proper standard for adjudication of incompetency under section 744.331 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 744.331(1) Adjudication of person mentally or physically incompetent; procedure. . . . F.S. 744.331(4) Adjudication of persons mentally or physically incompetent; procedure. . . . Committee Notes Rule History 1980 Revision: Implements 1979 amendments to F.S. 744.331. 1984 Revision . . . Statutory Reference F.S. 744.331 Adjudication of persons mentally or physically incompetent; procedure . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 744.331(1) Adjudication of person mentally or physically incompetent; procedure. . . . F.S. 744.331(4) Adjudication of persons mentally or physically incompetent; procedure. . . . CHANGE RECOMMENDED] Committee Notes Rule History 1980 Revision: Implements 1979 amendments to P.S. 744.331 . . . Statutory Reference P.S. 744.331 Adjudication of persons mentally or physically incompetent; procedure . . .

In T. BASKIN, H. H. Jr. v. B. SHERBURNE, B. H., 520 So. 2d 103 (Fla. Dist. Ct. App. 1988)

. . . record in this matter, stemming from a competency/guardianship proceeding conducted pursuant to section 744.331 . . . The filing of the judgment shall be notice of the incapacity. § 744.331(8), Fla.Stat. (1986). . . .

In FREDERICK, 508 So. 2d 44 (Fla. Dist. Ct. App. 1987)

. . . We hold that the provisions of section 744.331(4), Florida Statutes (1985) are mandatory and require . . .

A. FREEMAN, v. M. LANE,, 504 So. 2d 1297 (Fla. Dist. Ct. App. 1987)

. . . invalidate a revocation would be similar to that required for an adjudication of incompetency under section 744.331 . . .

A. BRYAN, III, v. CENTURY NATIONAL BANK,, 498 So. 2d 868 (Fla. 1986)

. . . . § 744.331, Fla. Stat. (1985). . . . .” § 744.331(9), Fla.Stat. (1985). . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Committee Notes Rule History 1980 Revision: Implements 1979 amendments to FGL 744.331. 1984 Revision: . . . Statutory Reference F.S. 744.331 Adjudication of persons mentally or physically incompetent; procedure . . .

WEBSTER MOOREFIELD, P. A. A. A. v. CITY NATIONAL BANK OF MIAMI, C. W. C. W., 453 So. 2d 441 (Fla. Dist. Ct. App. 1984)

. . . Hand under Sections 744.331 and 744.-334. On April 28, 1981, the trial court adjudicated Mrs. . . .

ASH, v. COCONUT GROVE BANK,, 448 So. 2d 605 (Fla. Dist. Ct. App. 1984)

. . . . § 744.331(9), Fla. Stat. (1983); In re Sepe, 421 So.2d 27 (Fla. 3d DCA 1982). . . . .

TAYLOR, Sr. v. T. BLANK Jr. Sr., 431 So. 2d 285 (Fla. Dist. Ct. App. 1983)

. . . Section 744.331(5)(a) states as follows: The judge shall appoint an examining committee consisting of . . . fatal defect nor even an irregularity, and that the statute (which was substantially similar to section 744.331 . . .

GENOVA, v. FLORIDA NATIONAL BANK OF PALM BEACH COUNTY, a, 433 So. 2d 1211 (Fla. Dist. Ct. App. 1983)

. . . the wish of this court that the trial court appoint to the examining committee required by section 744.331 . . .

In C. SEPE. DOUGLASS, v. C. SEPE, 421 So. 2d 27 (Fla. Dist. Ct. App. 1982)

. . . Section 744.331(9), Florida Statutes (1981), provides: “When a person is adjudicated mentally or physically . . . about its intent is set to rest when we note that the language of the predecessor statute, Section 744.331 . . . 744.344 makes the appointment discretionary, the conflict between the mandatory language of Section 744.331 . . . This is so because Section 744.331(9) in its present form was enacted in 1977, see Ch. 77-328 § 4, Laws . . . Sepe in accordance with the dictates of Section 744.331(9), Florida Statutes (1981). . . .

A. AHLMAN, v. F. WOLF,, 413 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . Hand pursuant to Sec. 744.331, Fla.Stat. (1979). Since Mrs. . . .

C. OWEN, v. WILSON, W. Jr. F. S., 399 So. 2d 498 (Fla. Dist. Ct. App. 1981)

. . . . § 744.331, Fla.Stat. . § 744.341, Fla.Stat. . . .

THE FLORIDA BAR. In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 387 So. 2d 949 (Fla. 1980)

. . . Committee Notes: 1975 Revision: Implements FGL 744.331 and is substantially the same as subsection (3 . . . committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 amendments to FGL 744.331 . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Implements FGL 744.331 and is substantially the same as subsection (3) and the first sentence in subsection . . . Implements FGL 744.331(4) and FGL 744.337 with editorial changes. RULE 5.590. . . .

In KEENE, w f DOB, 343 So. 2d 916 (Fla. Dist. Ct. App. 1977)

. . . report of the examining committee and in not completing the hearing which was held pursuant to Section 744.331 . . .