The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.397

744.397 Application of income of property of ward.—

(1) The court may authorize the guardian of the property to apply the ward’s income, first to the ward’s care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the parent, spouse, or dependents, if any, of the ward, to the extent necessary. If the income is not sufficient for these purposes, the court may authorize the expenditure of part of the principal for such purposes from time to time.

(2) The word “dependents,” as used in subsection (1) means, in addition to those persons who are legal dependents of a ward under existing law, the person or persons whom the ward is morally or equitably obligated to aid, assist, maintain, or care for, including, but not limited to, such persons as the indigent spouse of the ward, based upon the showing of an existing need and an ability of the estate of the ward to pay for, provide, or furnish the aid, assistance, maintenance, or care without unreasonably jeopardizing the care, support, and maintenance of the ward.

(3) If the ward is a minor and the ward’s parents are able to care for him or her and to support, maintain, and educate him or her, the guardian of the minor shall not so use his or her ward’s property unless directed or authorized to do so by the court.

History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 66, ch. 89-96; s. 50, ch. 90-271; s. 1099, ch. 97-102.

Note.—Created from former s. 744.64.

F.S. 744.397 on Google Scholar

F.S. 744.397 on Casetext

Amendments to 744.397

Arrestable Offenses / Crimes under Fla. Stat. 744.397

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.397.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . shall “[p]rotect and preserve the property and invest it prudently[,] ... apply it as provided in s. 744.397 . . . court may authorize the expenditure of part of the principal for such purposes from time to time.” § 744.397 . . . See §§ 744.397(1), 744.457(l)(b), Fla. Stat. (2012). . . .

In J. S. J. v. J. PENA, M. D., 109 So. 3d 1281 (Fla. Dist. Ct. App. 2013)

. . . In fact, section 744.397(3), Florida Statutes (2011), suggests otherwise. . . .

CLAIRE S BOUTIQUES, INC. v. LOCASTRO, a, 85 So. 3d 1192 (Fla. Dist. Ct. App. 2012)

. . . . §§ 744.361(6)(a), 744.397(8), Fla. Stat. Thus, a judgment against Ms. . . .

GREEN, v. In GUARDIANSHIP OF GREEN,, 67 So. 3d 432 (Fla. Dist. Ct. App. 2011)

. . . . § 744.397, Fla. Stat. (2011). . . .

TRACI HANCOCK, v. B. SHARE, Ad, 67 So. 3d 1075 (Fla. Dist. Ct. App. 2011)

. . . provided in chapter 518 [pertaining to the investment of fiduciary funds], apply it as provided in s. 744.397 . . .

In GUARDIANSHIP OF TANNER, TANNER, v. JANNIS,, 564 So. 2d 180 (Fla. Dist. Ct. App. 1990)

. . . relinquished his right to receive financial support, at trial he failed to satisfy the criteria of Sections 744.397 . . . Tanner cannot qualify as the indigent husband of the ward under Section 744.397(2), Florida Statutes . . . Section 744.397, Florida Statutes (1987) provides in pertinent part: (1) The court may authorize the . . . maintenance, or care without unreasonably jeopardizing the care, support, and maintenance of the ward. § 744.397 . . .

IN RE GUARDIANSHIP OF SPEILLER, 25 Fla. Supp. 2d 51 (Fla. Cir. Ct. 1987)

. . . Florida Statute 744.397(1) does give the court discretion to utilize the property of the ward’s estate . . .

ASH, v. COCONUT GROVE BANK,, 443 So. 2d 437 (Fla. Dist. Ct. App. 1984)

. . . To the contrary, section 744.397(3), Florida Statutes (1981) provides that: If the ward is a minor and . . .