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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Chapter 744
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F.S. 744.363
744.363 Initial guardianship plan.
(1) The initial guardianship plan shall include all of the following:
(a) The provision of medical, mental, or personal care services for the welfare of the ward.
(b) The provision of social and personal services for the welfare of the ward.
(c) The place and kind of residential setting best suited for the needs of the ward.
(d) The application of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward.
(e) Any physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs.
(f)1. A list of any preexisting:
a. Orders not to resuscitate executed in accordance with s. 401.45(3) and the dates such orders were signed; or
b. Advance directives as defined in s. 765.101 and the dates such directives were signed.
2. For each item listed under subparagraph 1., the plan must state whether the order or directive has been revoked, modified, or suspended by the court.
(g) A description of the steps taken to identify and locate a preexisting order not to resuscitate or advance directive.
(2) The initial guardianship plan for an incapacitated person must be based on the recommendations of the examining committee’s examination, as incorporated into the order determining incapacity.
(3) Unless the ward has been found to be totally incapacitated or is a minor under the age of 14 years, the initial guardianship plan must contain an attestation that the guardian has consulted with the ward and, to the extent reasonable, has honored the ward’s wishes consistent with the rights retained by the ward under the plan. To the maximum extent reasonable, the plan must be in accordance with the wishes of the ward.
(4) The guardianship plan may not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or others from serious physical injury, illness, or disease and to provide the ward with medical care and mental health treatment for the ward’s physical and mental health.
(5) An initial guardianship plan continues in effect until it is amended or replaced by the approval of an annual guardianship plan, until the restoration of capacity or death of the ward, or until the ward, if a minor, reaches the age of 18 years. If there are significant changes in the capacity of the ward to meet the essential requirements for his or her health or safety, the guardian may file a petition to modify the guardianship plan and shall serve notice on all persons who received notice of the plan. At the hearing on such petition, the court may modify the guardianship plan and specify the effective date of such amendment.
(6) In exercising his or her powers, the guardian shall recognize any rights retained by the ward.
History.s. 47, ch. 89-96; s. 31, ch. 90-271; s. 1086, ch. 97-102; s. 3, ch. 2020-35; s. 3, ch. 2023-287.