Florida Statutes 744.474 – Reasons for removal of guardian
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Terms Used In Florida Statutes 744.474
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Audit: means a systematic review of financial and all other documents to ensure compliance with…. See Florida Statutes 744.102
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporate guardian: means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian. See Florida Statutes 744.102
- Court: means the circuit court. See Florida Statutes 744.102
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Property: means both real and personal property or any interest in it and anything that may be the subject of ownership. See Florida Statutes 744.102
- Statute: A law passed by a legislature.
- Trustee: A person or institution holding and administering property in trust.
- Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:
(1) Fraud in obtaining her or his appointment.
(2) Failure to discharge her or his duties.
(3) Abuse of her or his powers.
(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.
(5) Failure to comply with any order of the court.
(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward‘s assets when so required.
(7) The wasting, embezzlement, or other mismanagement of the ward’s property.
(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.
(9) Conviction of a felony.
(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.
(11) Development of a conflict of interest between the ward and the guardian.
(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction.
(13) A material failure to comply with the guardianship report by the guardian.
(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.
(15) A failure to fulfill the guardianship education requirements.
(16) The improper management of the ward’s assets.
(17) A material change in the ward’s financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.
(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3).
(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that the current guardian is not a family member and subsection (20) applies.
(20) Upon a showing that removal of the current guardian is in the best interest of the ward. In determining whether a guardian who is related by blood or marriage to the ward is to be removed, there shall be a rebuttable presumption that the guardian is acting in the best interests of the ward.
(21) A bad faith failure to submit guardianship records during the audit pursuant to s. 744.368.