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The Florida Statutes

The 2004 Florida Statutes

Chapter 744
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Section 744.304, Florida Statutes 2004

744.304  Standby guardianship.--

(1)  Upon petition or consent of both parents, natural or adoptive, if living, or of the surviving parent, a standby guardian of the person or property of a minor may be appointed by the court. The court may also appoint an alternate to the guardian to act if the standby guardian shall renounce, die, or become incapacitated after the death of the last surviving parent of the minor.

(2)  Upon petition of a currently serving guardian, a standby guardian of the person or property of an incapacitated person may be appointed by the court.

(3)  The standby guardian or alternate shall be empowered to assume the duties of his or her office immediately on the death or adjudication of incapacity of the last surviving natural or adoptive parent of a minor, or upon the death, removal, or resignation of the guardian for an adult; however, such a guardian of the ward's property may not be empowered to deal with the ward's property, other than to safeguard it, prior to issuance of letters of guardianship. If the incapacitated person is over the age of 18 years, the court shall conduct a hearing as provided in s. 744.331 before confirming the appointment of the standby guardian, unless the ward has previously been found to be incapacitated.

(4)  Within 20 days after assumption of duties as guardian, a standby guardian shall petition for confirmation of appointment. If the court finds the standby guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.

(5)  After the assumption of duties by a standby guardian, the court shall have jurisdiction over the guardian and the ward.

History.--s. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 20, ch. 89-96; s. 11, ch. 90-271; s. 1071, ch. 97-102.

Note.--Created from former s. 744.72.