Florida Statutes 744.454 – Guardian forbidden to borrow or purchase; exceptions
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 744.454
- Court: means the circuit court. See Florida Statutes 744.102
- 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
- Professional guardian: means any guardian who has at any time rendered services to three or more wards as their guardian. See Florida Statutes 744.102
- Property: means both real and personal property or any interest in it and anything that may be the subject of ownership. See Florida Statutes 744.102
- Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
A professional guardian may not purchase property or borrow money from his or her ward. A guardian who is not a professional guardian may do so if:
(1) A court by written order authorizes the sale or loan after a hearing to which interested persons were given notice; or
(2) The property is sold at public sale and the guardian is a spouse, parent, child, brother, or sister of the ward or a cotenant of the ward in the property to be sold.