§ 744.3045, Fla. Stat. · Part III. TYPES OF GUARDIANSHIP
Preneed guardian.
Text — 2026 Florida Statutes
(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.
(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time.
(3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration.
(4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.
(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.
(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.
(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed 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.
Notes and commentary — not statutory text
History
s. 21, ch. 89-96; s. 12, ch. 90-271.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html
- Text hash
- sha256 9f35b3914f622a61c6e5e23d8bf3b994578658337aa290f304fddfa8dc1eff4e
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 744.309, Fla. Stat.Who may be appointed guardian of a resident ward.Printed as ss. 744.309 and 744.312
- § 744.312, Fla. Stat.Considerations in appointment of guardian.Printed as ss. 744.309 and 744.312
- § 744.345, Fla. Stat.Letters of guardianship.Printed as s. 744.345
- § 744.347, Fla. Stat.Oath of guardian.Printed as s. 744.347
Cited by 1 provision
Provisions in this library whose text cites § 744.3045, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.