Fla. Stat. 744.387
Settlement of claims


(1)

When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it.

(2)

In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000.

(3)(a)

No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action.In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.

(3)(a)

No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action.

(b)

In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.

(4)

In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.

Source: Section 744.387 — Settlement of claims, https://www.­flsenate.­gov/Laws/Statutes/2024/0744.­387 (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

§ 744.387. Settlement of claims's source at flsenate​.gov