Fla. Stat. 744.369
Judicial review of guardianship reports


(1)

The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court.

(2)

The court may appoint a general or special magistrate to assist the court in its review function. The court may require the general or special magistrate to conduct random field audits.

(3)

If an initial or annual report is not timely filed, the court shall order the guardian to file the report or to show cause why the report has not been filed within the prescribed time. Service of the order and subsequent proceedings shall be governed by s. 744.3685.

(4)

The court must review the initial and annual guardianship report to determine that the report:Meets the needs of the ward;Authorizes the guardian to act only in areas in which an adult ward has been declared incapacitated; andConforms to all other requirements of the law.

(a)

Meets the needs of the ward;

(b)

Authorizes the guardian to act only in areas in which an adult ward has been declared incapacitated; and

(c)

Conforms to all other requirements of the law.

(5)

Upon examining the initial or annual guardianship report, the court shall enter an order approving or disapproving the report. If the court disapproves the report, the court shall order the guardian to provide a revised report or proof of any item in the report to the court. The guardian shall do so within a reasonable amount of time set by court.

(6)

If the guardian fails to comply with the court order entered pursuant to subsection (5), the court shall take immediate action to compel compliance or to sanction the guardian after a hearing with appropriate notice to the ward, the ward’s counsel, if any, the guardian, and the ward’s next of kin.

(7)

If an objection has been filed to a report, the court shall set the matter for hearing and shall conduct the hearing within 30 days after the filing of the objection. After the hearing, the court shall enter a written order either approving, or ordering modifications to, the report. If an objection is found to be without merit, the court may assess costs and attorney’s fees against the person who made the objection.

(8)

The approved report constitutes the authority for the guardian to act in the forthcoming year. The powers of the guardian are limited by the terms of the report. The annual report may not grant additional authority to the guardian without a hearing, as provided for in s. 744.331, to determine that the ward is incapacitated to act in that matter. Unless the court orders otherwise, the guardian may continue to act under authority of the last-approved report until the forthcoming year’s report is approved.

Source: Section 744.369 — Judicial review of guardianship reports, https://www.­flsenate.­gov/Laws/Statutes/2024/0744.­369 (accessed Aug. 7, 2025).

744.361
Powers and duties of guardian
744.362
Initial guardianship report
744.363
Initial guardianship plan
744.365
Verified inventory
744.367
Duty to file annual guardianship report
744.368
Responsibilities of the clerk of the circuit court
744.369
Judicial review of guardianship reports
744.371
Relief to be granted
744.372
Judicial review of guardianships
744.373
Production of property
744.374
Payments to guardian
744.381
Appraisals
744.384
Subsequently discovered or acquired property
744.387
Settlement of claims
744.391
Actions by and against guardian or ward
744.394
Suspension of statutes of limitations in favor of guardian
744.397
Application of income of property of ward
744.421
Petition for support of ward’s dependents
744.422
Petition for support for a dependent adult child
744.441
Powers of guardian upon court approval
744.442
Delegation of authority
744.444
Power of guardian without court approval
744.446
Conflicts of interest
744.447
Petition for authorization to act
744.451
Order
744.454
Guardian forbidden to borrow or purchase
744.457
Conveyance of various property rights by guardians of the property
744.461
Purchasers and lenders protected
744.462
Determination regarding alternatives to guardianship
744.3675
Annual guardianship plan
744.3678
Annual accounting
744.3679
Simplified accounting procedures in certain cases
744.3685
Order requiring guardianship report
744.3701
Confidentiality
744.3715
Petition for interim judicial review
744.3725
Procedure for extraordinary authority
744.3735
Annual appearance of the guardian
744.4431
Guardianship power regarding life-prolonging procedures

Current through Fall 2025

§ 744.369. Judicial review of guardianship reports's source at flsenate​.gov