Florida Statute 744.421 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 744.421

Total Results: 4

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: support. § 744.397, Fla. Stat. (2011). Section 744.421 "authorizes any person dependent on the ward for

Vaughan v. Guardianship of Vaughan

Court: District Court of Appeal of Florida | Date Filed: 1994-12-16

Citation: 648 So. 2d 193

Snippet: hearing to be held on the guardian's petition. See § 744.421, Fla. Stat. (1993). We also note that in the event

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: to satisfy the criteria of Sections 744.397 and 744.421, Florida Statutes (1987).2 Mr. Tanner cannot qualify

Brogdon v. Guardianship of Brogdon

Court: District Court of Appeal of Florida | Date Filed: 1989-11-30

Citation: 553 So. 2d 299, 1989 WL 145728

Snippet: confirm her existing alimony award, and section 744.421, Florida Statutes, authorizes any person dependent