Florida Statutes
Fla. Stat. § 744.421 (2025)
Petition for support of ward’s dependents.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 1989–2011 · leading case: Vaughan v. Guardianship of Vaughan, 648 So. 2d 193 (Fla. 5th DCA 1994).
Vaughan v. Guardianship of Vaughan, 648 So. 2d 193 (Fla. 5th DCA 1994). “See § 744.421, Fla. Stat. (1993). We also note that in the event that a dissolution action is properly authorized by the guardianship court, the issues for resolution by the dissolution court would then be: (1) whether Buford Vaughan has been adjudged incapacitated according to…”
Brogdon v. Guardianship of Brogdon, 553 So. 2d 299 (Fla. 1st DCA 1989). “Daisy Brogdon is not required to confirm her existing alimony award, and section 744.421, Florida Statutes, authorizes any person dependent on the ward for support to petition for an order directing the guardian to provide such support from the ward's property.”
Tanner v. Jannis, 564 So. 2d 180 (Fla. 3d DCA 1990). “…for payments made pursuant to it, but no valid payments can be made after the termination of the guardianship. ... § 744.421, Fla.Stat. (1987).”
Green v. Guardianship of Green, 67 So. 3d 432 (Fla. 3d DCA 2011). “Section 744.421 “authorizes any person dependent on the ward for support to petition for an order directing the guardian to provide such support from the ward’s property.”
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