Florida Statutes 744.359 – Abuse, neglect, or exploitation by a guardian
Current as of: 2023 | Check for updates
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(1) A guardian may not abuse, neglect, or exploit a ward.
(2) A guardian has committed exploitation when the guardian:
(a) Commits fraud in obtaining appointment as a guardian;
Terms Used In Florida Statutes 744.359
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
(b) Abuses his or her powers; or
(c) Wastes, embezzles, or intentionally mismanages the assets of the ward.
(3) A person who believes that a guardian is abusing, neglecting, or exploiting a ward shall report the incident to the central abuse hotline of the Department of Children and Families.
(4) This section shall be interpreted in conformity with s. 825.103.