The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.421

744.421 Petition for support of ward’s dependents.—Any person dependent on the ward for support may petition for an order directing the guardian of the property to contribute to the support of the dependent person from the property of the ward. The court may enter an order for suitable support and education of the dependent person out of the ward’s property that is subject to the guardianship. The grant or denial of an order for support shall not preclude a further petition for increase, decrease, modification, or termination of allowance for support by either the petitioner or the guardian. The order for support shall be valid for payments made pursuant to it, but no valid payments can be made after the termination of the guardianship. The receipt of the petitioner shall be a sufficient release of the guardian for payments made pursuant to the order. If the property of the ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other benefits made directly to the guardian by the United States Department of Veterans Affairs, notice of the petition for support shall be given by the petitioner to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located and the chief attorney for the Department of Veterans’ Affairs in this state at least 15 days before the hearing on the petition. The court may not authorize payments from the ward’s property unless the ward has been adjudicated incapacitated to handle such property in accordance with s. 744.331; except in a voluntary guardianship, in which case such petition may be granted only upon the written consent of the ward.

History.—s. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 1, ch. 77-174; s. 1, ch. 78-305; s. 80, ch. 81-167; s. 84, ch. 83-55; s. 30, ch. 88-290; s. 67, ch. 89-96; s. 51, ch. 90-271; s. 37, ch. 93-268.

Note.—Created from former s. 744.65.

F.S. 744.421 on Google Scholar

F.S. 744.421 on Casetext

Amendments to 744.421

Arrestable Offenses / Crimes under Fla. Stat. 744.421

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.421.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Section 744.421 “authorizes any person dependent on the ward for support to petition for an order directing . . .

VAUGHAN, v. GUARDIANSHIP OF VAUGHAN,, 648 So. 2d 193 (Fla. Dist. Ct. App. 1994)

. . . See § 744.421, Fla.Stat. (1993). . . .

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

. . . right to receive financial support, at trial he failed to satisfy the criteria of Sections 744.397 and 744.421 . . . Tanner is also not demonstrably dependent upon his wife for support, as contemplated by Section 744.421 . . . Section 744.421, Florida Statutes (1987), provides in pertinent part: Any person dependent on the ward . . . pursuant to it, but no valid payments can be made after the termination of the guardianship. ... § 744.421 . . .

C. BROGDON C. v. GUARDIANSHIP OF BROGDON,, 553 So. 2d 299 (Fla. Dist. Ct. App. 1989)

. . . Daisy Brogdon is not required to confirm her existing alimony award, and section 744.421, Florida Statutes . . .