Florida Statute 744.397 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

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 Citing Statute 744.397

Total Results: 9

Romano v. Olshen

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 153 So. 3d 912, 2014 WL 940700

Snippet: it prudently[,] ... apply it as provided in s. 744.397, and account for it faithfully.” § 744.361(6)(a)

Guardianship of J.S.J. v. Pena

Court: District Court of Appeal of Florida | Date Filed: 2013-04-05

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

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

Claire's Boutiques, Inc. v. Locastro

Court: District Court of Appeal of Florida | Date Filed: 2012-04-25

Citation: 85 So. 3d 1192, 2012 WL 1414117, 2012 Fla. App. LEXIS 6498

Snippet: only with court authorization. §§ 744.361(6)(a), 744.397(8), Fla. Stat. Thus, a judgment against Ms. Locastro

Green v. GUARDIANSHIP OF GREEN

Court: District Court of Appeal of Florida | Date Filed: 2011-08-17

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

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

Hancock v. Share

Court: District Court of Appeal of Florida | Date Filed: 2011-07-08

Citation: 67 So. 3d 1075, 2011 Fla. App. LEXIS 10651, 2011 WL 2650887

Snippet: fiduciary funds], apply it as *1077provided in s. 744.397 [referring to application of income of property

Tanner v. Jannis

Court: District Court of Appeal of Florida | Date Filed: 1990-06-26

Citation: 564 So. 2d 180, 1990 Fla. App. LEXIS 4619

Snippet: he failed to satisfy the criteria of Sections 744.397 and 744.421, Florida Statutes (1987).2 Mr. Tanner

Valentine v. Kelner

Court: District Court of Appeal of Florida | Date Filed: 1984-06-12

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

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

Ash v. Coconut Grove Bank

Court: District Court of Appeal of Florida | Date Filed: 1984-01-10

Citation: 443 So. 2d 437

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

Beck v. Beck

Court: District Court of Appeal of Florida | Date Filed: 1980-05-06

Citation: 383 So. 2d 268

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