Florida Statute 744.3215
“Rights of persons determined incapacitated”
What it means
A person determined to be incapacitated retains 15 listed rights. They include an annual review of the guardianship report and plan, restoration to capacity at the earliest possible time, humane treatment and protection against abuse, neglect, and exploitation, a qualified guardian, access to the courts, counsel, privacy, notice of proceedings (unless the person cannot comprehend it), and the right to receive visitors and communicate with others.
A court may remove, but not delegate to a guardian, the rights to marry, vote, personally apply for government benefits, have a driver license, travel, and seek or retain employment. If the right to contract has been removed, the right to marry is subject to court approval.
A court may remove and delegate to a guardian the rights to contract, sue and defend lawsuits, apply for government benefits, manage property or make gifts, determine residence, make health care decisions, and make decisions about social environment. If the health care decision right is removed, court approval under s. 744.4431 is required to withdraw or withhold life-prolonging procedures.
Without specific court authority under s. 744.3725, a guardian may not commit the ward to a facility without a formal placement proceeding, consent to experimental procedures, petition for dissolution of marriage, consent to termination of parental rights, or consent to sterilization or abortion.
- A person determined to be incapacitated retains the 15 rights listed in subsection (1), including counsel, privacy, and annual review (§ 744.3215(1)(a)-(o)).
- A retained right is the right to receive visitors and communicate with others (§ 744.3215(1)(m)).
- Removable but not delegable: marry, vote, personally apply for government benefits, driver license, travel, and employment (§ 744.3215(2)).
- Removable and delegable: contract, sue and defend, apply for government benefits, manage property or make gifts, determine residence, make health care decisions, and decide social environment (§ 744.3215(3)).
- If the right to contract is removed, the right to marry is subject to court approval (§ 744.3215(2)(a)).
- A guardian needs specific court authority under s. 744.3725 for commitment to a facility, experimental procedures, dissolution of marriage, termination of parental rights, and sterilization or abortion (§ 744.3215(4)).
Text of the statute (2026)
(1) A person who has been determined to be incapacitated retains the right: (a) To have an annual review of the guardianship report and plan. (b) To have continuing review of the need for restriction of his or her rights. (c) To be restored to capacity at the earliest possible time. (d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation. (e) To have a qualified guardian. (f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable. (g) To be properly educated. (h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property. (i) To receive services and rehabilitation necessary to maximize the quality of life. (j) To be free from discrimination because of his or her incapacity. (k) To have access to the courts. (l) To counsel. (m) To receive visitors and communicate with others. (n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice. (o) To privacy.
(2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right: (a) To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval. (b) To vote. (c) To personally apply for government benefits. (d) To have a driver license. (e) To travel. (f) To seek or retain employment.
(3) Rights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right: (a) To contract. (b) To sue and defend lawsuits. (c) To apply for government benefits. (d) To manage property or to make any gift or disposition of property. (e) To determine his or her residence. (f) To make health care decisions as defined in s. 765.101. If this right is removed from a person, then court approval for the withdrawal or withholding of life-prolonging procedures, as defined in s. 765.101, is required under s. 744.4431. (g) To make decisions about his or her social environment or other social aspects of his or her life.
(4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not: (a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397. (b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if: 1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or 2. It is intended to assist the ward to develop or regain his or her abilities. (c) Initiate a petition for dissolution of marriage for the ward. (d) Consent on behalf of the ward to termination of the ward’s parental rights. (e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward.
Excerpts are the subsections the summary relies on. Read the full official text of § 744.3215.
History. s. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102; s. 10, ch. 2006-178; s. 5, ch. 2017-16; s. 2, ch. 2023-287.
How it applies
Subsection (1) applies to every person determined to be incapacitated. Section 744.331(6) adds that a person is incapacitated only as to the rights specified in the order and retains all rights the court has not specifically removed.
Subsection (2) rights can be removed by the court but cannot be exercised by a guardian for the ward. Subsection (3) rights can be removed and delegated, so a limited guardianship can cover some of them and leave the rest with the person. Subsection (4) lists decisions that need specific court authority first.
Questions people ask
Sources
- Florida Statutes (2026), s. 744.3215, Florida Senate (Subsections (1) to (4): retained rights, rights removable but not delegable, rights removable and delegable, and acts needing court authority. Quote: "To receive visitors and communicate with others")
- Online Sunshine, Florida Statutes (2026), s. 744.3215 (Text, catchline, and History line checked against this page on 2026-10-17.)
- Florida Statutes (2026), s. 744.331, Florida Senate (Subsection (6) provides that a person retains all rights not specifically removed by the court.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.