Florida Statutes 744.616 – Petition for appointment of guardian
Current as of: 2023 | Check for updates
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(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.
Terms Used In Florida Statutes 744.616
- Court: means the circuit court. See Florida Statutes 744.102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means any person acting as a fiduciary for a ward's person or the ward's estate, or both. See Florida Statutes 744.604
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, a partnership, a corporation, or an association. See Florida Statutes 744.604
- United States Department of Veterans Affairs: means the United States Department of Veterans Affairs or its predecessors or successors. See Florida Statutes 744.604
- Ward: means a beneficiary of the United States Department of Veterans Affairs. See Florida Statutes 744.604
(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.