Florida/Georgia Personal Injury & Workers Compensation

...Other funds allocable to Dawn's distributable share were utilized to provide for her personal care and maintenance. Mr. Beck, having the ability to provide for his minor daughter's sustenance and maintenance, could not properly invade her guardianship estate unless specifically authorized by order of the court. § 744.397(3), Fla....

...termination of the guardianship, all property to those so entitled. See § 744.361(6)(a)-(c), Fla. Stat. (2012). A guardian of the property of a ward shall “[p]rotect and preserve the property and invest it prudently[,] ... apply it as provided in s. 744.397, and account for it faithfully.” § 744.361(6)(a), Fla....

...A court may authorize a guardian of property to “apply the ward’s income” to the “ward’s care, support, education, and maintenance”; “[i]f the income is not sufficient for these purposes, the court may authorize the expenditure of part of *919 the principal for such purposes from time to time.” § 744.397(1), Fla....

...Irene did not testify or offer any contrary evidence. Because the Oppenheimer Account was a joint tenancy with right of survivorship, the court could authorize the Guardian to access it to pay authorized expenses, including the Guardian’s fee and the fees for the Guardian’s attorneys. See §§ 744.397(1), 744.457(l)(b), Fla....

...In that situation, section 744.387(2), Florida Statutes (1981) provides that a legal guardianship of the property shall be required when the amount of the net settlement to the ward exceeds $5,000. This fund does not displace the parent's duty to care for his child. To the contrary, section 744.397(3), Florida Statutes (1981) provides that: If the ward is a minor and his parents are able to care for him and to support, maintain, and educate him, the guardian of the property of the minor shall not so use his ward's property unless directed or authorized to do so by the court....

...In the postnuptial agreement, Mr. Tanner irrevocably relinquished his right to receive financial support from his wife or her property. 1 Even if Mr. Tanner had not relinquished his right to receive financial support, at trial he failed to satisfy the criteria of Sections 744.397 and 744.421, Florida Statutes (1987). 2 Mr. Tanner cannot qualify as *183 the indigent husband of the ward under Section 744.397(2), Florida Statutes (1987)....

...on her death by virtue of the laws of descent, or otherwise, except such provisions as are herein specifically made and contained, and such other provisions, if any, as BETTY WYLE TANNER may make and provide for him in her Last Will and Testament. . Section 744.397, Florida Statutes (1987) provides in pertinent part: (1) The court may authorize the guardian of the property to apply the income from the ward’s property, first to his care, support, education, and maintenance, and then for the car...

...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. § 744.397, Fla.Stat....

recognize what appears to be a conflict between section 744.-397(3), Florida Statutes (1981), which requires

...Nothing in that order precludes a separate application or award for the wife. In fact, that order demonstrates that there would be further discovery and exchange between the parties as to how those proceeds would be utilized. Additionally, the ward is still statutorily responsible for his wife's support. § 744.397, Fla....

...on behalf of their minor children. All of the powers granted by the Legislature are for the benefit of the minor. There is no provision in the statute that allows the natural guardian to incur debt or to place the minor’s assets at risk. In fact, section 744.397(3), Florida Statutes (2011), suggests otherwise....