[kimmie7]

Florida State

Reasons for Removal of a Guardian

744.474 Reasons for removal of guardian.--A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:

(1) Fraud in obtaining her or his appointment.

(2) Failure to discharge her or his duties.

(3) Abuse of her or his powers.

(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.

(5) Failure to comply with any order of the court.

(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward's assets when so required.

(7) The wasting, embezzlement, or other mismanagement of the ward's property.

(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351

(9) Conviction of a felony.

(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.

(11) Development of a conflict of interest between the ward and the guardian.

(12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.03 or under any similar statute of another jurisdiction.

(13) A material failure to comply with the guardianship report by the guardian.

(14) A failure to comply with the rules for timely filing the initial and annual guardianship reports.

(15) A failure to fulfill the guardianship education requirements.

(16) The improper management of the ward's assets.

(17) A material change in the ward's financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required.

(18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309 (3).

(19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309 (2) and 744.312 (2) and who has not previously been rejected by the court as a guardian that: (a) The current guardian is not a family member; and (b) Removal of the current guardian is in the best interest of the ward, the court may remove the current guardian and appoint the petitioner, or such person as the court deems in the best interest of the ward, either as guardian of the person or of the property, or both. History.--s. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 84, ch. 89-96; s. 138, ch. 95-418; s. 13, ch. 96-354; s. 1788, ch. 97-102; s. 283, ch. 99-8; s. 2, ch. 99-277; s. 111, ch. 2000-349. Note.--Created from former s. 746.03.

[pc93]

good find.

[floriduh voter]

EXACTLY. J. Greer was derelict in his duties throughout this case and let Michael Schiavo do a Hitler imitiation lording over Terri's life. It's ironic that I used to send accountings to J. Greer. Mine had to be perfect but Michael Schiavo's could have been done in crayon and been approved. Are guardianship accountings public record under the Freedom of Information Act say, if a reporter wanted access to them. Do you have any media you are working with? I was emailing a columnist who is sick about this but she's a op-ed writer, not a reporter.

[floriduh voter]

Was it not Judge Greer's duty to dismiss Michael Schiavo as guardian? I think Schiavo failed as a guardian but when they had another guardian, Schiavo wanted him gone, and bingo, J. Greer was taking orders from Schiavo and Felos.

J. Greer was pushed around by Schiavo and Felos!!! WHY? Now, I'm back to square one. Felos says jump and Greer says how high. Use the Rule of Law only if it works for you. Ignore it otherwise. That's Judge Greer.

[floriduh voter]

Anyway you can fax the guardianship requirements and consequences to AG Crist? I already bothered Jeb today. I'll think of something to do with them.

[floriduh voter]

Anyway you can fax the guardianship requirements and consequences to AG Crist? I already bothered Jeb today. I'll think of something to do with them.

What a great handout for a rally outside of HOSPICE. GET YOUR GUARDIANSHIP REQUIREMENTS ABOVE FOR PRINTING FOR HANDOUTS...

[MarMema]

BUT Kimmie, see my previous post, I can tell you from personal experience that these things are all there primarily to protect children. When it comes to using them in court,for disabled adults, the spouses always have the upper hand.