(1) A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by, or on behalf of, any person who under existing law is entitled to priority of appointment. If no person is so entitled, or if the person so entitled neglects or refuses to file such a petition within 30 days after the mailing of notice by the United States Department of Veterans Affairs to the last known address of such person, indicating the necessity for filing the petition, a petition for such appointment may be filed in any court of competent jurisdiction by, or on behalf of, any responsible person residing in this state.
(2)(a) The petition for appointment shall set forth:
1. The name, age, and place of residence of the ward;
2. The names and places of residence of the nearest relative, if known;
3. The fact that the ward is entitled to receive moneys payable by or through the United States Department of Veterans Affairs;
4. The amount of moneys then due and the amount of probable future payments;
5. The name and address of the person or institution, if any, having actual custody of the ward; and
6. The name, age, relationship, if any, occupation, and address of the proposed guardian.
(b) In the case of a mentally incompetent ward, the petition shall show that the ward has been found incompetent and has been rated incompetent on examination by the United States Department of Veterans Affairs, in accordance with the laws and regulations governing the United States Department of Veterans Affairs.
History.—s. 4, ch. 14579, 1929; CGL 1936 Supp. 2146(5); s. 1, ch. 73-304; s. 6, ch. 84-62; s. 43, ch. 93-268.
Note.—Former s. 293.05.
Structure Florida Statutes
Title XLIII - Domestic Relations
Part VIII - Veterans’ Guardianship (Ss. 744.602-744.653)
744.602 - Short title; scope of part.
744.607 - Secretary of Veterans Affairs as party in interest.
744.613 - Appointment of guardian for ward authorized.
744.616 - Petition for appointment of guardian.
744.617 - Notice by court of petition filed for appointment of guardian.
744.618 - Persons who may be appointed guardian.
744.622 - Guardian empowered to receive moneys due ward from the United States Government.
744.626 - Exemption of benefits from claims of creditors.
744.627 - Investment of funds of estate by guardian.
744.637 - Certified copies of public records made available.
744.638 - Clerk of the circuit court; fees; duties.
744.641 - Guardian’s compensation; bond premiums.
744.643 - Discharge of guardian of minor or incompetent ward.