Florida Statute 744.397 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 744.397

Annotations, Discussions, Cases:

Cases Citing Statute 744.397

Total Results: 7

Beck v. Beck

383 So. 2d 268

District Court of Appeal of Florida | Filed: May 6, 1980 | Docket: 1512413

Cited 15 times | Published

specifically authorized by order of the court. § 744.397(3), Fla. Stat. (1979). CONCLUSION At trial, it

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

principal for such purposes from time to time.” § 744.397(1), Fla. Stat. (2012). For the performance of

Ash v. Coconut Grove Bank

443 So. 2d 437

District Court of Appeal of Florida | Filed: Jan 10, 1984 | Docket: 1746895

Cited 3 times | Published

duty to care for his child. To the contrary, section 744.397(3), Florida Statutes (1981) provides that:

Guardianship of J.S.J. v. Pena

109 So. 3d 1281, 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

District Court of Appeal of Florida | Filed: Apr 5, 2013 | Docket: 60229496

Published

place the minor’s assets at risk. In fact, section 744.397(3), Florida Statutes (2011), suggests otherwise

Green v. GUARDIANSHIP OF GREEN

67 So. 3d 432, 2011 Fla. App. LEXIS 12905, 2011 WL 3586106

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2363910

Published

statutorily responsible for his wife's support. § 744.397, Fla. Stat. (2011). Section 744.421 "authorizes

Tanner v. Jannis

564 So. 2d 180, 1990 Fla. App. LEXIS 4619, 1990 WL 88095

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 64651621

Published

*183the indigent husband of the ward under Section 744.397(2), Florida Statutes (1987). At the time of

Valentine v. Kelner

452 So. 2d 965, 1984 Fla. App. LEXIS 13596

District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 64605877

Published

recognize what appears to be a conflict between section 744.-397(3), Florida Statutes (1981), which requires