Florida Statute 747.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 747
CONSERVATORSHIP

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F.S. 747.04

747.04 Termination of conservatorship.—

(1) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney in fact.

(2) Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for her or his estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator.

(3) When the need for a conservatorship terminates, the conservator shall promptly file her or his final returns and application for discharge with the court. If it appears to the court that the returns are correct and that the conservator has made full and complete transfer of the absentee’s assets as directed, the court may approve the returns and discharge the conservator. If objections to the returns are filed, the circuit judge shall conduct a hearing under the same conditions for a hearing on objections to annual returns.

(4) Such discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against said conservator or her or his surety, unless such suit is commenced within 1 year from the date of discharge.

History.—s. 4, ch. 22888, 1945; s. 12, ch. 71-103; s. 1134, ch. 97-102.

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Amendments to 747.04

Arrestable Offenses / Crimes under Fla. Stat. 747.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 747.04.

Annotations, Discussions, Cases:

Cases Citing Statute 747.04

Total Results: 5

The State of Florida v. Kevin Beach

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: habeas corpus. See Beach v. State, Case No. 3D23- 0747. 4 Specifically, in analyzing the initial information

S.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-10-02

Citation: 122 So. 3d 499, 2013 WL 5450954, 2013 Fla. App. LEXIS 15520

Snippet: court granted restitution to the victim of $12,747.04 which consisted of the appraised value of the Rolex

Bishop v. Florida Specialty Paint Co.

Court: District Court of Appeal of Florida | Date Filed: 1979-12-04

Citation: 377 So. 2d 767

Snippet: v. Lockheed Aircraft Corporation, supra, page 747. [4] Hoffman v. Jones, 280 So.2d 431 (Fla. 1973).

Franks v. Davis

Court: Supreme Court of Florida | Date Filed: 1962-06-27

Citation: 145 So. 2d 228

Snippet: So.2d 566; Hayes v. Walker, 54 Fla. 163, 44 So. 747. [4] Florida Sugar Distributors v. Wood, 135 Fla.

Johns v. Burns

Court: Supreme Court of Florida | Date Filed: 1953-11-06

Citation: 67 So. 2d 765, 1953 Fla. LEXIS 1712

Snippet: under chapter 22888, Laws of 1945, sections 747.01-747.04, Florida Statutes, F.S.A., and has acted in that