(1) Any person who is dependent on a ward for support may petition a court of competent jurisdiction for an order directing the guardian of the ward’s estate to contribute from the estate of the ward to the support, or support and education, of the dependent person, when the estate 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 of the ward by the United States Department of Veterans Affairs. A notice of the application for support, or support and education, shall be given by the applicant to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located at least 15 days before the hearing on the application.
(2) The grant or denial of an order for support, or support and education, does not preclude a further petition for an increase, decrease, modification, or termination of the allowance for such support, or support and education, by either the petitioner or the guardian.
(3) The order for the support, or support and education, of the petitioner is valid for any payment made pursuant to the order, but no valid payment 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.
(4) When a claim for apportionment of benefits filed with the United States Department of Veterans Affairs on behalf of a dependent or dependents of a disabled veteran is approved by the United States Department of Veterans Affairs, subsequent payments of such apportioned benefits by the United States Department of Veterans Affairs prohibit an action for contempt from being instituted against the veteran.
History.—s. 9, ch. 84-62; s. 47, ch. 93-268.
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.