Fla. Stat. 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.

Source: Section 744.397 — Application of income of property of ward, https://www.­flsenate.­gov/Laws/Statutes/2024/0744.­397 (accessed Aug. 7, 2025).

744.361
Powers and duties of guardian
744.362
Initial guardianship report
744.363
Initial guardianship plan
744.365
Verified inventory
744.367
Duty to file annual guardianship report
744.368
Responsibilities of the clerk of the circuit court
744.369
Judicial review of guardianship reports
744.371
Relief to be granted
744.372
Judicial review of guardianships
744.373
Production of property
744.374
Payments to guardian
744.381
Appraisals
744.384
Subsequently discovered or acquired property
744.387
Settlement of claims
744.391
Actions by and against guardian or ward
744.394
Suspension of statutes of limitations in favor of guardian
744.397
Application of income of property of ward
744.421
Petition for support of ward’s dependents
744.422
Petition for support for a dependent adult child
744.441
Powers of guardian upon court approval
744.442
Delegation of authority
744.444
Power of guardian without court approval
744.446
Conflicts of interest
744.447
Petition for authorization to act
744.451
Order
744.454
Guardian forbidden to borrow or purchase
744.457
Conveyance of various property rights by guardians of the property
744.461
Purchasers and lenders protected
744.462
Determination regarding alternatives to guardianship
744.3675
Annual guardianship plan
744.3678
Annual accounting
744.3679
Simplified accounting procedures in certain cases
744.3685
Order requiring guardianship report
744.3701
Confidentiality
744.3715
Petition for interim judicial review
744.3725
Procedure for extraordinary authority
744.3735
Annual appearance of the guardian
744.4431
Guardianship power regarding life-prolonging procedures

Current through Fall 2025

§ 744.397. Application of income of property of ward's source at flsenate​.gov