744.102
Definitions. ---
As used in this chapter, the term:
(1) "Attorney for the alleged incapacitated
person" means an attorney who represents the alleged incapacitated
person. Such attorney shall represent the expressed wishes of the
alleged incapacitated person to the extent it is consistent with
the rules regulating The Florida Bar.
(2) "Clerk" means the clerk or deputy clerk of the
court.
(3) "Corporate guardian" means a corporation
authorized to exercise fiduciary or guardianship powers in this
state and includes a nonprofit corporate guardian.
(4) "Court" means the circuit court.
(5) "Court monitor" means a person appointed by
the court pursuant to s. 744.107 to provide the court with
information concerning a ward.
(6) "Estate" means the property of a ward subject
to administration.
(7) "Foreign guardian" means a guardian appointed
in another state or country.
(8) "Guardian" means a person who has been
appointed by the court to act on behalf of a ward's person or
property, or both.
(a) "Limited guardian" means a guardian who has been
appointed by the court to exercise the legal rights and powers
specifically designated by court order entered after the court has
found that the ward lacks the capacity to do some, but not all, of
the tasks necessary to care for his person or property, or after
the person has voluntarily petitioned for appointment of a limited
guardian.
(b) "Plenary guardian" means a person who has been
appointed by the court to exercise all delegable legal rights and
powers of the ward after the court has found that the ward lacks
the capacity to perform all of the tasks necessary to care for his
person or property.
(9) "Guardian ad litem" means a person who is
appointed by the court having jurisdiction of the guardianship or
a court in which a particular legal matter is pending to represent
a ward in that proceeding.
(10) "Incapacitated person" means a person who has
been judicially determined to lack the capacity to manage at least
some of the property or to meet at least some of the essential
health and safety requirements of such person.
(a) To "manage property" means to take those actions
necessary to obtain, administer, and dispose of real and personal
property, intangible property, business property, benefits, and
income.
(b) To "meet essential requirements for health or
safety" means to take those actions necessary to provide the health
care, food, shelter, clothing, personal hygiene, or other care
without which serious and imminent physical injury or illness is
more likely than not to occur.
(11) "Minor" means a person under 18 years of age
whose disabilities have not been removed by marriage or
otherwise.
(12) "Next of kin" means those persons who would
be heirs at law of the ward or alleged incapacitated person if such
person were deceased and includes the lineal descendants of such
ward or alleged incapacitated person.
(13) "Nonprofit corporate guardian" means a
nonprofit corporation organized for religious or charitable
purposes and existing under the laws of this state.
(14) "Preneed guardian" means a person named in a
written declaration to serve as guardian in the event of the
incapacity of the declarant as provided in s. 744.3045.
(15) "Property" means both real and personal
property or any interest in it and anything that may be the subject
of ownership.
(16) "Standby guardian" means a person empowered
to assume the duties of guardianship upon the death or adjudication
of incapacity of the last surviving natural or appointed
guardian.
(17) "Totally incapacitated" means incapable of
exercising any of the rights enumerated in s. 744.3215(2) and
(3).
(18) "Ward" means a person for whom a guardian has
been appointed.
History: s. 1, ch. 74-106; s. 2, ch. 75-222; s. 231, ch. 77-104; s. 1,
ch. 79-221; s. 3, ch. 80-171; s. 4, ch. 89-96; s. 2, ch.
90-271.
Note. Created from former s. 744.03.