Florida Statutes 744.646 – Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs
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Terms Used In Florida Statutes 744.646
- Clerk: means the clerk or deputy clerk of the court. See Florida Statutes 744.102
- 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
- Guardian ad litem: means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding. See Florida Statutes 744.102
- Next of kin: means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person. See Florida Statutes 744.102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
On the final settlement of the guardianship, the notice provided herein for partial settlement must be given and the other proceedings conducted as in the case of partial settlement, except that a guardian ad litem may be appointed to represent the ward, the fee of which guardian ad litem shall in no case exceed $150. However, if the ward has been pronounced competent, is shown to be mentally sound, appears in court, and is 18 years of age, the settlement may be had between the guardian and the ward under the direction of the court without notice to the next of kin, or the appointment of a guardian ad litem. A certified copy of the final settlement so made in every case must be filed with the United States Department of Veterans Affairs by the clerk of the court.