Chapter 747 — Chapter 747
13 sections in this chapter.
Fla. Stat. § 747.01 Who are absentees under this law
1.7K chars
(1) Any person serving in or with the Armed Forces of the United States, in or with the Red Cross, in or with the Merchant Marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for 1 year thereafter, wh…
Fla. Stat. § 747.011 Absentee incompetent for certain purposes
0.1K chars
An “absentee” as defined in s. 747.01 is considered incompetent for the purposes of s. 4, Art. X of the State Constitution.
Fla. Stat. § 747.02 Jurisdiction
1.5K chars
The circuit court has jurisdiction to appoint a conservator of the estate of an absentee as defined in s. 747.01 upon a showing that:(1)(a)1. The absentee has an interest in any form of property in this state; or2. The absentee is a legal resident of this state; or3. The spouse o…
Fla. Stat. § 747.03 Petition
2.3K chars
(1) The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were such absentee deceased or any person who is dependent on said absentee for his or her maintenance or support.(2) …
Fla. Stat. § 747.031 Notice; hearing
1.2K chars
(1) Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested.(2) The judge shall hear evidence on the question of whether the person alleged to be missing,…
Fla. Stat. § 747.032 Order of appointment
1.2K chars
(1) If, after hearing, the court is satisfied that the person alleged to be an absentee is an absentee as defined in s. 747.01 and that it is necessary that a conservatorship be established, she or he shall appoint a conservator of the estate and property of said absentee to take…
Fla. Stat. § 747.033 Oath
0.4K chars
Every conservator, before exercising his or her authority as conservator, shall take oath that he or she will faithfully perform his or her duties as conservator and will render true accounts whenever required according to law, which oath may be administered by any officer author…
Fla. Stat. § 747.034 Bond
0.2K chars
The court may require the conservator to post a bond as required for a guardian under 1ss. 744.38 and 744.39. All provisions of chapter 744 which are applicable to bonds are applicable to the bond of the conservator required under this chapter.
Fla. Stat. § 747.035 Rights, powers, and duties of conservator
0.9K chars
(1) The conservator shall have all the rights, powers, and duties of a guardian of the property as established in chapter 744 and an absentee and an absentee’s dependents shall be entitled to all benefits accruing to a ward or a ward’s dependents under said chapter.(2) The circui…
Fla. Stat. § 747.036 Resignation or removal of conservator
0.2K chars
The provision for resignation and removal of a guardian of the property in 1chapter 746 shall apply in the circuit court to resignation and removal of a conservator.
Fla. Stat. § 747.04 Termination of conservatorship
2.9K chars
(1) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the ab…
Fla. Stat. § 747.051 Summary procedure
4.4K chars
(1) If the wife of any person defined as an absentee in s. 747.01(1), or his next of kin if said absentee has no wife, shall wish to sell or transfer any property of the absentee which has a gross value of less than $5,000, or shall require the consent of the absentee in any matt…
Fla. Stat. § 747.052 Procedure for order authorizing action by spouse or next of kin
5.7K chars
(1) If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under s. 747.01(1), shall wish to sell, lease, or mortgage specific property having a gross value of $5,000 or more owned by the absentee or in which the absentee had an interest, or…