In Re: Amendments to Florida Probate Rules 5.171 and 5.205
CourtSupreme Court of Florida
Date FiledOctober 15, 2026
DocketSC2026-0558
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Supreme Court of Florida
____________
No. SC2026-0558
____________
IN RE: AMENDMENTS TO FLORIDA PROBATE RULES.
October 15, 2026
PER CURIAM.
The Florida Bar’s Probate Rules Committee proposes
amending Florida Probate Rules 5.696 (Guardian Accounting),
5.700 (Objection to Guardianship Reports), 5.901 (Form for Petition
to Determine Incapacity), 5.902 (Form for Petition and Order of
Guardian), 5.903 (Letters of Guardianship), 5.904 (Forms for Initial
and Annual Guardianship Plans), 5.905 (Form for Petition; Notice;
and Order for Appointment of Guardian Advocate of the Person),
5.906 (Letters of Guardian Advocacy), and 5.910 (Inventory). 1 The
Committee published the proposals on the Bar’s website, and the
Court published the proposals for comment in The Florida Bar
1. We have jurisdiction. Art. V, § 2(a), Fla. Const.; see also
Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
News. No comments were received after either publication.
After considering the Committee’s proposals, we amend the
Florida Probate Rules as proposed. We discuss some of the more
specific amendments below.
Regarding rules 5.696 and 5.700, in In re Amendments to
Florida Rules of General Practice & Judicial Administration, 416 So.
3d 242 (Fla. 2025), the title to Florida Rule of General Practice and
Judicial Administration Rule 2.516 was changed from “Service of
Pleadings and Documents” to “Service.” Language in the Rule
References under the Committee Notes in rules 5.696 and 5.700 is
now amended to reflect the title change to rule 2.516.
Rules 5.901, 5.902, 5.903, 5.904, 5.905, 5.906, and 5.910,
which contain forms, are amended to move the case style from the
right-hand corner to the left-hand corner to conform to Florida Rule
of General Practice and Judicial Administration 2.520(a)(4)
(Documents). In addition, the certificates of service within the
forms are amended to conform to the 2025 amendments to Florida
Rule of General Practice and Judicial Administration 2.516(f)
(Certificate of Service). See id.
Accordingly, we amend the Florida Probate Rules as reflected
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in the appendix to this opinion. New language is underscored;
deleted language is stricken. The amendments shall become
effective on January 1, 2027, at 12:01 a.m.
It is so ordered.
COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS,
BARRIOS, and TANENBAUM, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Probate Rules
J. Allison Archbold, Co-Chair, Probate Rules Committee, Sarasota,
Florida, Marve Ann M. Alaimo, Co-Chair, Probate Rules Committee,
Naples, Florida, Michael A. Sneeringer, Past Chair, Probate Rules
Committee, Bonita Springs, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Heather Savage
Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 5.696. GUARDIAN ACCOUNTING
(a) [No Change]
(b) Contents. A guardian accounting shallmust include:
(1) a statement of the starting balance of assets on
hand at the beginning of the accounting period which shallmust be
the ending balance of the preceding accounting, or if none, the
value of assets on the inventory;
(2)-(4) [No Change]
(c) Accounting Standards. The following standards are
required for the accounting of all transactions occurring on or after
January 1, 2017:
(1) Accountings shallmust be stated in a manner that
is understandable to persons who are not familiar with practices
and terminology peculiar to the administration of guardianships.
(2) The accounting shallmust begin with a concise
summary of its purpose and content.
(3) The accounting shallmust contain sufficient
information disclosing all significant transactions affecting
administration during the accounting period.
(4) The accounting shallmust contain 2 values in the
schedule of assets at the end of the accounting period, the asset
acquisition value or carrying value, and estimated current value.
(5) Gains and losses incurred during the accounting
period shallmust be shown separately in the same schedule.
(d) [No Change]
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(e) Verification. All accountings shallmust be verified by the
guardian filing the accounting.
(f) Substantiating Documents. Unless otherwise ordered
by the court, the guardian need not file the documents
substantiating the guardian accounting. UpoOn reasonable written
request, the guardian of the property shallmust make the
substantiating documents available for examination to persons
entitled to receive or inspect the guardian accounting.
(g) Interim Inspection of Records. UpoOn reasonable
written request and notice, the guardian of the property shallmust
make all material financial records pertaining to the guardianship
available for inspections to those persons entitled to receive or
inspect the guardian accounting.
Committee Notes
The purpose of this substantial revision is for guardian
accountings to conform to rule 5.346 and the Fiduciary Accounting
Principles and Model Formats and commentaries incorporated into
rule 5.346. As set forth in subdivision (b)(1), the starting balance
shallmust be the ending balance of the preceding accounting, or if
none, the value of assets on the inventory.
Attached, as Appendix A, is a model accounting format which
is only a suggested form.
Rule History
1991 Revision – 2016 Revision [No Change]
2026 Revision: Committee notes revised.
Statutory References [No Change]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
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Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.346 Fiduciary Accounting.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.695 Annual guardianship report.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
APPENDIX A
IN THE CIRCUIT COURT FOR COUNTY, FLORIDA
IN RE: GUARDIANSHIP OF
File Number:
Division:
In the Circuit Court of the
Judicial
Circuit,
In and for
County, Florida
Case No.:
Division:
In Re: Guardianship of
ACCOUNTING OF GUARDIAN(S)
From: , , Through: ,
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The purpose of this accounting is to report the assets on hand at the
beginning of the accounting period, all transactions that have occurred during
the period covered by the accounting, and the assets that remain on hand at
the end of the accounting period. It consists of a SUMMARY sheet and
Schedule A showing all Receipts, Schedule B showing all Disbursements,
Schedule C showing all Capital Transactions and Adjustments (the effect of
which are also reflected in other schedules, if appropriate), and Schedule D
showing assets on hand at the end of the accounting period.
Under penalties of perjury, the undersigned guardian(s) declare(s) that I
(we) have read and examined this accounting and that the facts and figures set
forth in the Summary and the attached Schedules are true, to the best of my
(our) knowledge and belief, and that it is a complete report of all cash and
property transactions and of all receipts and disbursements by me (us) as
guardian(s) of , the ward, from,
through , .
Signed on , .
Attorney for Guardian: Guardian:
Attorney
Name
(address) (address)
Telephone: [Print or Type Names Under All
E-mail address: Signature Lines]
Florida Bar No.:
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IN THE CIRCUIT COURT FOR COUNTY, FLORIDA
IN RE: GUARDIANSHIP OF
File Number:
Division:
In the Circuit Court of the
Judicial
Circuit,
In and for
County, Florida
Case No.:
Division:
In Re: Guardianship of
ACCOUNTING OF GUARDIAN(S)
From: , , Through: ,
SUMMARY
Estimated Carrying
Current Value
Value
I. Starting Balance
Assets on Hand at Beginning of
Accounting Period $
II. Receipts
Schedule A: $
III. Disbursements
Schedule B: $
IV. Capital Transactions and
Adjustments
Schedule C: Net Gain or (Loss) $
-8-
V. Assets on Hand at Close of
Accounting Period
Schedule D: Cash and Other
Assets $ $
NOTE: Refer to Fla. Prob. R. 5.696.
Entries on Summary are to be taken from totals on Schedules A, B, C
and D.
The Summary and Schedules A, B, C and D are to constitute the full
accounting. Every transaction occurring during the accounting period should
be reflected on the Schedules.
All purchases and sales, all adjustments to the asset acquisition or
carrying value of any asset, and any other significant transactions that affect
the property (such as stock splits) should be described on Schedule C.
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ACCOUNTING OF GUARDIAN(S),
GUARDIANSHIP OF
From: , , Through: ,
SCHEDULE A Receipts
Date Brief Description of Items Amount
NOTE: Schedule A should reflect only those items received during
administration during the accounting period.
Entries involving the sale of assets or other adjustments to the asset
acquisition or carrying values of assets are to be shown on Schedule C, and not
on Schedule A.
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ACCOUNTING OF GUARDIAN(S),
GUARDIANSHIP OF
From: , , Through: ,
SCHEDULE B Disbursements
Date Brief Description of Items Amount
NOTE: Schedule B should reflect only those items paid out during the
accounting period.
Entries involving the purchase of assets or adjustments to the asset
acquisition or carrying values of assets are to be shown on Schedule C, and not
on Schedule B.
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ACCOUNTING OF GUARDIAN(S),
GUARDIANSHIP OF
From: , , Through: ,
SCHEDULE C Capital Transactions and Adjustments
Date Brief Description of Transactions Net Gain Net Loss
TOTAL NET GAINS AND LOSSES
NET GAIN OR (LOSS)
NOTE: Schedule C should reflect all purchases and sales of assets and any
adjustments to the asset acquisition or carrying values of any assets.
Entries reflecting sales should show the asset acquisition or adjusted
carrying values, the costs and expenses of the sale, and the net proceeds
received. The net gain or loss should be extended in the appropriate column on
the right side of Schedule C.
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Entries reflecting purchases should reflect the purchase price, any
expenses of purchase or other adjustments to the purchase price, and the total
amount paid. Presumably no gain or loss would be shown for purchases.
Entries reflecting adjustments in capital assets should explain the
change (such as a stock split) and the net gain or loss should be shown in the
appropriate column on the right side of Schedule C.
The NET gain or loss should be entered in the carrying value column of
the Summary.
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ACCOUNTING OF GUARDIAN(S),
GUARDIANSHIP OF
From: , , Through: ,
SCHEDULE D Assets on Hand at Close of Accounting Period
(Indicate where held and legal description, certificate numbers, or other
identification.)
Estimated Carrying
Current Value Value
ASSETS OTHER THAN CASH:
OTHER ASSETS TOTAL
CASH:
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CASH TOTAL $
TOTAL ASSETS (must agree with the Total for Item V on Summary)
NOTE: Schedule D should be a complete list of all assets on hand reflecting
asset acquisition or carrying values for each item, adjusted in accordance with
any appropriate entries on Schedule C, and estimated current values for each
item.
Current market values for any assets that are known to be different from
the asset acquisition or carrying values as of the close of the accounting period
should be shown in the column marked “Estimate Current Value.” The total
adjusted carrying value (not Current Value) must agree with the Total for Item
V on Summary.
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APPENDIX B
GUARDIAN ACCOUNTING PRINCIPLES
I. ACCOUNTS SHOULD BE STATED IN A MANNER THAT IS
UNDERSTANDABLE BY PERSONS WHO ARE NOT FAMILIAR WITH
PRACTICES AND TERMINOLOGY PECULIAR TO THE ADMINISTRATION OF
GUARDIANSHIPS.
Commentary: In order for an account to fulfill its basic function of
communication, it is essential that it be stated in a manner that recognizes
that the interested parties are not usually familiar with guardian accounts. It
is neither practical nor desirable to require that accounts be tailored to meet
individual disabilities of particular parties but any account should be capable
of being understood by a person of average intelligence, literate in English, and
familiar with basic financial terms who has read it with care and attention.
Problems arising from terminology or style are usually a reflection of the
fact that people who become versed in a particular form of practice tend to
forget that terms which are familiar and useful to them may convey nothing to
someone else or may even be affirmatively misleading. For example, the terms
“debit” and “credit” are generally incomprehensible to people with no
knowledge of bookkeeping and many people who are familiar with them in
other contexts would assume that in the context of guardian accounting, the
receipt of an item is a “credit” to the fund rather than a “debit” to the guardian.
While the need for concise presentation makes a certain amount of
abbreviation both acceptable and necessary, uncommon abbreviation of
matters essential to an understanding of the account should be avoided or
explained.
Print-outs from electronic accounting systems or account statements can
be used as attachments to the schedules in the accounting form or to clarify
the accounting. The quality of the accounts produced by these systems and
account statements varies widely in the extent to which they can be
understood by persons who are not familiar with them.
II. A GUARDIAN ACCOUNT SHALLMUST BEGIN WITH A CONCISE
SUMMARY OF ITS PURPOSE AND CONTENT.
Commentary: Very few people can be expected to pay much attention to a
document unless they have some understanding of its general purpose and its
significance to them. Even with such an understanding, impressions derived
from the first page or two2 will often determine whether the rest is read. The
use that is made of these pages is therefore of particular significance.
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The cover page should disclose the nature and function of the account.
While a complete explanation of the significance of the account and the effect of
its presentation upon the rights of the parties is obviously impractical for
inclusion at this point, there should be at least a brief statement identifying the
guardian and the subject matter, noting the importance of examining the
account and giving an address where more information can be obtained.
A summary of the account shallmust also be presented at the outset.
This summary, organized as a table of contents, shallmust indicate the order of
the details presented in the account and shallmust show separate totals for the
aggregate of the assets on hand at the beginning of the accounting period;
transactions during the period; and the assets remaining on hand at the end of
the period. Each entry in the summary shallmust be supported by a schedule
in the account that provides the details on which the summary is based.
III. A GUARDIAN ACCOUNT SHALLMUST CONTAIN SUFFICIENT
INFORMATION TO PUT THE INTERESTED PARTIES ON NOTICE AS TO ALL
SIGNIFICANT TRANSACTIONS AFFECTING ADMINISTRATION DURING THE
ACCOUNTING PERIOD.
Commentary: The presentation of the information account shallmust
allow an interested party to follow the progress of the guardian’s administration
of assets during the accounting period.
An account is not complete if it does not itemize, or make reference to,
assets on hand at the beginning of the accounting period.
Illustration:
3.1 The first account for a guardianship may detail the items received by
the guardian and for which the guardian is responsible. It must begin with the
total amount on the inventory.
Transactions shallmust be described in sufficient detail to give the court
and interested parties notice of their purpose and effect. It should be
recognized that too much detail may be counterproductive to making the
account understandable. In accounts dealing with extensive assets, it is
usually desirable to consolidate information with attachments that show detail.
For instance, where income from a number of securities is being accounted for,
a statement of the total dividends received on each security with appropriate
indication of changes in the number of shares held will be more readily
understandable and easier to check for completeness than a chronological
listing of all dividends received.
Illustrations:
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3.2 Extraordinary appraisal costs should be shown separately and
explained.
3.3 Interest and penalties in connection with late filing of tax returns
should be shown separately and explained.
3.4 Receipts and disbursements shallmust be shown on separate
schedules in chronological order. The separate schedules may include totals
by account, with separate ledgers for each account, such as securities or
financial accounts.
3.5 Changes in asset values due to market fluctuations are not
transactions and shallmust not be reflected as a loss or gain, but the estimated
current value and carrying value shallmust be shown on the schedule listing
assets held at the end of the accounting period.
IV. A GUARDIAN ACCOUNT SHALLMUST CONTAIN TWO2 VALUES, THE
ASSET ACQUISITION VALUE OR CARRYING VALUE, AND CURRENT VALUE.
Commentary: In order for transactions to be reported on a consistent
basis, an appropriate carrying value for assets must be chosen and employed
consistently.
The carrying value of an asset should reflect its value at the time it is
acquired by the guardian. When such a value is not precisely determinable,
the figure used should reflect a thoughtful decision by the guardian. Assets
received in kind should be carried at their value at the time of receipt. For
assets purchased during the administration of the guardianship, acquisition
cost would normally be used. Use of Federal income tax basis for carrying
value is acceptable when basis is reasonably representative of real values at the
time of acquisition.
In the Model Account, carrying value is referred to as “guardian
acquisition value.” The Model Account establishes the initial carrying value of
assets as their value at inception of the guardianship for inventoried assets,
date of receipt for subsequent receipts, and cost for investments.
Carrying value would not normally be adjusted for depreciation.
Except for adjustments that occur normally under the accounting system
in use, carrying values should generally be continued unchanged through
successive accounts and assets should not be arbitrarily “written up” or
“written down.” In some circumstances, however, with proper disclosure and
explanation, carrying value may be adjusted.
Illustrations:
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4.1 Assets received in kind in satisfaction of a pecuniary legacy should
be carried at the value used for purposes of distribution.
Illustrations:
4.2 When an asset is held under circumstances that make it clear that it
will not be sold (e.g., a residence used by the ward) the guardian’s estimate of
value would be acceptable in lieuplace of an appraisal.
4.3 Considerations such as a pending tax audit or offer of the property
for sale may indicate the advisability of not publishing the guardian’s estimate
of value. In such circumstances, a statement that value was fixed by some
method such as “per company books,” “formula under buy-sell agreement,” or
“300% of assessed value” would be acceptable, but the guardian would be
expected to provide further information to interested parties upon request.
V. GAINS AND LOSSES INCURRED DURING THE ACCOUNTING PERIOD
SHALLMUST BE SHOWN SEPARATELY IN THE SAME SCHEDULE.
Commentary: Each transaction involving the sale or other disposition of
securities during the accounting period shallmust be shown as a separate item
in one1 combined schedule of the account indicating the transaction, date,
explanation, and any gain or loss.
Although gains and losses from the sale of securities can be shown
separately in accounts, the preferred method of presentation is to present this
information in a single schedule. Such a presentation provides the most
meaningful description of investment performance and will tend to clarify
relationships between gains and losses that are deliberately realized at the
same time.
Increases and decreases in value not related to a sale or other disposition
are unrealized gains or losses and should not be shown as such on this
schedule.
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RULE 5.700. OBJECTION TO GUARDIANSHIP REPORTS
(a) [No Change]
(b) Contents. Any objection shallmust be in writing and
shallmust state with particularity each item to which the objection
is directed and the grounds on which the objection is based.
(c) Service. The objector shallmust serve a copy of the
objection on each guardian and on any other person as directed by
the court.
Committee Notes
Rule History
1975 Revision – 2012 Revision [No Change]
2026 Revision: Committee notes revised.
Statutory References [No Change]
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
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RULE 5.901. FORM FOR PETITION TO DETERMINE
INCAPACITY
MODEL FORM FOR USE IN PETITION TO DETERMINE
INCAPACITY PURSUANT TOUNDER FLORIDA PROBATE RULE 5.550
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Probate Division
Case No.
In the Circuit Court of the
Judicial
Circuit,
in and for
County, Florida
Probate Division
Case No.:
In Re: Guardianship of
Respondent’s Name
An Alleged Incapacitated Person
PETITION TO DETERMINE INCAPACITY
Petitioner, .....(name of petitioner)....., files this petition seeking a
determination of incapacity of the respondent and states:
1. Petitioner’s name: Petitioner’s age:
Petitioner’s home address and mailing address:
Petitioner’s relationship to the respondent:
2. Respondent’s name: Respondent’s age:
Respondent’s home address, mailing address, county of residence:
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Primary language of the respondent:
3. The factual basis for alleging incapacity:
4. List all persons, with their name and address, known to have
information relating to the basis for alleging incapacity:
5. Which rights are being sought to be removed under section
744.3215, Florida Statutes? Indicate which rights that the petitioner requests
be removed from the respondent, but not delegated to a guardian:
( ) a. to marry. If the right to enter into a contract has been
removed, the right to marry is subject to court approval;
( ) b. to vote;
( ) c. to personally apply for government benefits;
( ) d. to have a driver license;
( ) e. to travel; and
( ) f. to seek or retain employment.
Indicate which rights that the petitioner requests be removed from the
respondent, but may be delegated to the guardian:
( ) a. to contract;
( ) b. to sue and defend lawsuits;
( ) c. to apply for government benefits;
( ) d. to manage property or to make any gift or disposition
of property;
( ) e. to determine his or herthe respondent’s residence;
( ) f. to consent to medical and mental health treatment;
and
( ) g. to make decisions about his or herthe respondent’s
social environment or other social aspects of his or herthe respondent’s life.
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If all of the above are checked a determination of plenary incapacity is
requested. If only some of the above are checked a determination of limited
incapacity is requested.
6. Is a guardianship being sought? Yes No
Check any possible alternatives to guardianship:
( ) a. trust agreements;
( ) b. powers of attorney;
( ) c. designations of health care surrogates;
( ) d. other advance directives; or
( ) e. other
If a guardianship is being sought, explain why the checked possible
alternatives to guardianship are insufficient to meet the needs of the
respondent:
7. List the names, addresses, phone numbers, and relationships of
the living next of kin of the respondent, including date of birth if the person is a
minor. If married, this includes the spouse and all of his or herthe living next of
kin’s children:
Name Address Relationship
8. Name, address, and phone number of family physician, if known:
WHEREFORE, this court is respectfully requested to determine
incapacity of the respondent, award attorney’s’ fees and costs pursuant
tounder Chapter 744, Florida Statutes, and grant such other relief as the court
deems just and proper.
Under penalties of perjury, I declare that I have read the foregoing, and
the facts alleged are true, to the best of my knowledge and belief.
Signed on .....(date)......
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Petitioner’s Signature
Petitioner’s Printed Name:
Petitioner’s Address:
Petitioner’s Phone Number:
Petitioner’s E-mail Address:
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RULE 5.902. FORM FOR PETITION AND ORDER OF
GUARDIAN
(a) Petition.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Probate Division
Case No.
In the Circuit Court of the
Judicial
Circuit,
in and for
County, Florida
Probate Division
Case No.:
In Re: Guardianship of
Respondent’s Name
PETITION FOR APPOINTMENT OF GUARDIAN
Petitioner, , files this petition pursuant
tounder section 744.1097, Florida Statutes, and alleges that:
1. The petitioner, proposed guardian .....(name)....., who is
years of age, whose residential address is
and post office address is . The relationship
of the petitioner to the respondent is .
2. Venue is proper in .....(county)....., pursuant tounder section
744.1097(2), Florida Statutes, (choose one1):
( ) a. the incapacitated person resides in .....(county).....,
Florida;
( ) b. the incapacitated person is not a Florida resident but
owns property in .....(county)....., Florida; or
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( ) c. a debtor of the incapacitated person resides in
.....(county)...., Florida and the incapacitated person is not a Florida resident
and does not own property in Florida.
3. The nature of the incapacity of the respondent:
4. The extent of the guardianship requested for the respondent:
( ) a. plenary; or
( ) b. limited.
5. The guardianship requested for the respondent is (choose one1):
( ) a. of the person;
( ) b. of the property; or
( ) c. of the person and property.
6. The nature and value of the property subject to guardianship:
7. The names and addresses of the living next of kin of the
respondent are:
Name Address Relationship
8. Choose one1:
( ) a. the petitioner proposes that .....(name)..... be
appointed as guardian and that .....(name)..... is qualified to serve;
( ) b. a willing and qualified guardian has not been located;
or
( ) c. the proposed guardian is a professional guardian and
has complied with the registration requirements of section 744.2002, Florida
Statutes.
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9. The proposed guardian should be appointed because:
10. There are or are not alternatives to the
appointment of a guardian, such as trust agreements, powers of attorney,
designation of health care surrogate, or other advanced directive, known to
petitioner.
Under penalties of perjury, I declare that I have read the foregoing, and
the facts alleged are true, to the best of my knowledge and belief.
Signed .....(date)......
Signature:
Petitioner
Name:
Address:
Phone Number:
E-mail Address:
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(b) Order.
In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida
Probate Division
Case No.
In the Circuit Court of the
Judicial
Circuit,
in and for
County, Florida
Probate Division
Case No.:
In Re: Guardianship of
Respondent’s Name
ORDER FOR APPOINTMENT OF GUARDIAN
1. By order of this court on .....(date)....., the respondent
.....(name)..... was adjudicated incapacitated and is now a ward as defined in
section 744.102(22), Florida Statutes. The extent of the incapacity is
.....(plenary or limited)...... The ward retains the rights listed in section
744.3215(a), Florida Statutes.
2. No alternative to guardianship exists that sufficiently addresses
the respondent’s needs.
3. A .....(plenary or limited)..... guardianship of the:
( ) a. person;
( ) b. property; or
( ) c. person and property
is consistent with the respondent’s welfare and safety, is the least restrictive
alternative, and reserves to the respondent the right to make decisions in all
matters commensurate with the ward’s ability to do so.
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4. .....(Name of guardian)..... is qualified to serve as .....(plenary or
limited)..... guardian of the:
( ) a. person;
( ) b. property; or
( ) c. person and property of the ward
5. ( ) a. .....(Name of guardian)..... is the standby guardian or
preneed guardian;
( ) b. there is no standby guardian or preneed guardian;
( ) c. there is a standby guardian or preneed guardian, but
such person is not qualified to serve pursuant tounder section 744.309, Florida
Statutes; or
( ) d. there is a standby guardian or preneed guardian, but
appointment of such person is contrary to the best interests of the ward
because:
6. Any additional facts that support the selection of guardian:
7. ( ) a. No advance directive exists;
( ) b. the following advance directive exists and is entitled
.....(name of advance directive)..... and is dated .....(date of advance
directive).....;
( ) c. the advance directive is being revoked or modified and
the surrogate under the advance directive entitled .....(name of advance
directive)..... and is dated .....(date of advance directive)..... was given notice of
this proceeding and any motion to revoke or modify the advance directive; or
( ) d. if the advance directive is being revoked or modified
the facts supporting the revocation or modification:
ORDERED and ADJUDGED as follows:
8. The court hereby appoints .....(name of guardian)..... as
the.....(plenary or limited)..... guardian of the:
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( ) a. person;
( ) b. property; or
( ) c. person and property of the ward.
9. The guardian may exercise only those delegable rights that have
been removed from the ward and specifically delegated to the guardian, which
are:
( ) a. to contract;
( ) b. to sue and defend lawsuits;
( ) c. to apply for government benefits;
( ) d. to manage property or to make any gift or disposition
of property;
( ) e. to determine the ward’s residence;
( ) f. to consent to medical and mental health treatment;
and
( ) g. to make decisions about the ward’s social environment
or other social aspects of the ward’s life.
10. The guardian may not exercise the following rights, even if such
rights were removed from the ward:
a. to marry;
b. to vote;
c. to personally apply for government benefits;
d. to have a driver license;
e. to travel; and
f. to seek or retain employment.
11. The amount of the bond to be given by the guardian is:
12. The guardian:
( ) a. must; or
( ) b. is not required to
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place all, or part, of the property of the ward in a restricted account in a
financial institution designated pursuant tounder section 69.031, Florida
Statutes.
13. ( ) a. No known advance directive exists;
( ) b. the advance directive entitled .....(name of advance
directive)..... and is dated .....(date of advance directive)..... is being modified or
revoked as follows:
( ) i. the surrogate shallwill not continue to exercise
any authority over the ward with regard to health care decisions;
( ) ii. the surrogate shallwill continue to exercise
authority over the respondent with regard to health care decisions;
( ) iii. the surrogate shallwill exercise the following
authority over the ward with regard to:
; or
( ) iv. The guardian shallwill exercise the following
authority over the ward with regard to health care decisions:
14. The respondent .....(may or may not)..... have a license to carry a
firearm or possess a weapon or firearm.
ORDERED this .....(date)......
Judge
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RULE 5.903. LETTERS OF GUARDIANSHIP
(a) Letters of Guardianship of the Person.
FORM LETTERS OF GUARDIANSHIP OF THE PERSON
In the Circuit Court of the
Circuit,
in and for
County, Florida
Probate Division
Case No.
In the Circuit Court of the
Judicial
Circuit,
in and for
County, Florida
Probate Division
Case No.:
In Re: Guardianship of the Person