In Re: Amendments to Florida Probate Rules - 2024 Legislation
Supreme Court of Florida
In Re: Amendments to Florida Probate Rules - 2024 Legislation
Opinion
Supreme Court of Florida
____________
No. SC2024-1057
____________
IN RE: AMENDMENTS TO FLORIDA PROBATE RULES –
2024 LEGISLATION.
September 5, 2024
PER CURIAM.
The Florida Bar’s Probate Rules Committee has filed a report
proposing amendments to Florida Probate Rules 5.240 (Notice of
Administration), 5.241 (Notice to Creditors), 5.550 (Petition to
Determine Incapacity), 5.649 (Guardian Advocate), and 5.681
(Restoration of Rights of Person with Developmental Disability) and
Form 5.905 (Form for Petition; Notice; and Order for Appointment of
Guardian Advocate of the Person) in response to recent legislation. 1
See chs. 2024-238, 2024-242, Laws of Fla.
The Florida Bar’s Board of Governors’ Executive Committee
unanimously approved the proposal.
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
Having considered the Committee’s proposal and the relevant
legislation, we amend the Florida Probate Rules as proposed by the
Committee, with minor revisions. The more significant
amendments are discussed below.
We amend rules 5.240 and 5.241 to require that notices of
administration and notices to creditors provide notice that the
personal representative or curator has no duty to discover whether
the Florida Uniform Disposition of Community Property Rights at
Death Act applies to the subject property unless a timely written
demand is made.
Next, we amend rules 5.550 and 5.649 to require that
petitions to determine incapacity or for the appointment of a
guardian advocate identify existing supported decisionmaking
agreements or other types of assistance already in place and state
why they are inappropriate or insufficient. Rule 5.649 is further
amended to require that orders appointing guardian advocates
provide whether the person can exercise rights with assistance and
the rights for which the person lacks decisionmaking ability.
Rule 5.681 is amended to require that a suggestion of
restoration of rights state, among other things, whether another
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form of assistance is an alternative to the continued appointment of
a guardian advocate.
Finally, form 5.905 is amended to add a requirement that the
petitioner note whether a decisionmaking agreement, advanced
directive, or power of attorney has been executed and, if so, whether
it is insufficient to meet the needs of the respondent.
Accordingly, the Florida Probate Rules are amended as
reflected in the appendix to this opinion. New language is indicated
by underscoring; deletions are indicated by struck-through type.
The amendments shall become effective immediately. Because the
amendments were not published for comment prior to their
adoption, interested persons shall have 75 days from the date of
this opinion in which to file comments with the Court. 2
2. All comments must be filed with the Court on or before
November 19, 2024, with a certificate of service verifying that a copy
has been served on Committee Co-Chairs, Erin Farrington Finlen,
3365 Galt Ocean Drive, Fort-Lauderdale, FL 33308,
[email protected], and Zackary T. Zuroweste, 2555 Enterprise
Road, Suite 15, Clearwater, FL 33763, [email protected], and on
the Bar Staff Liaison to the Committee, Heather Telfer, 651 East
Jefferson Street, Tallahassee, Florida 32399-2300,
[email protected], as well as a separate request for oral
argument if the person filing the comment wishes to participate in
oral argument, which may be scheduled in this case. The
Committee Co-Chairs have until December 10, 2024, to file a
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It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Probate Rules
Zackary T. Zuroweste, Co-Chair, Probate Rules Committee,
Clearwater, Florida, Erin Farrington Finlen, Co-Chair, Probate
Rules Committee, Fort Lauderdale, Florida, Joshua E. Doyle,
Executive Director, The Florida Bar, Tallahassee, Florida, and
Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee,
Florida,
for Petitioner
response to any comments filed with the Court. If filed by an
attorney in good standing with The Florida Bar, the comment must
be electronically filed via the Florida Courts E-Filing Portal (Portal).
If filed by a nonlawyer or a lawyer not licensed to practice in
Florida, the comment may be, but is not required to be, filed via the
Portal. Any person unable to submit a comment electronically must
mail or hand-deliver the originally signed comment to the Florida
Supreme Court, Office of the Clerk, 500 South Duval Street,
Tallahassee, Florida 32399-1927.
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APPENDIX
RULE 5.240. NOTICE OF ADMINISTRATION
(a) Service. The personal representative shallmust promptly
serve a copy of the notice of administration on the following persons
who are known to the personal representative and who were not
previously served under section 733.2123, Florida Statutes:
(1)-(4) [No Change]
in the manner provided for service of formal notice. The personal
representative may similarly serve a copy of the notice on any
devisee under another will or heirs or others who claim or may
claim an interest in the estate.
(b) Contents. The notice shallmust state:
(1)-(2) [No Change]
(3) that any interested person on whom a copy of the
notice of administration is served must file, on or before the date
that is 3 months after the date of service of a copy of the notice of
administration on that person any objection that challenges the
validity of the will, the venue, or the jurisdiction of the court. The 3-
month time period may only be extended for estoppel based upon a
misstatement by the personal representative regarding the time
period within which an objection must be filed. The time period may
not be extended for any other reason, including affirmative
representation, failure to disclose information, or misconduct by the
personal representative or any other person. Unless sooner barred
by section 733.212(3), Florida Statutes, all objections to the validity
of a will, venue, or the jurisdiction of the court must be filed no
later than the earlier of the entry of an order of final discharge of
the personal representative, or 1 year after service of the notice of
administration;
(4) the persons who may be entitled to exempt property
under section 732.402, Florida Statutes, will be deemed to have
waived their rights to claim that property as exempt property unless
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a petition for determination of exempt property is filed by such
persons or on their behalf on or before the later of the date that is 4
months after the date of service of a copy of the notice of
administration on such persons or the date that is 40 days after the
date of termination of any proceedings involving the construction,
admission to probate, or validity of the will or involving any other
matter affecting any part of the exempt property;
(5) that an election to take an elective share must be
filed on or before the earlier of the date that is 6 months after the
date of service of a copy of the notice of administration on the
surviving spouse, an agent under chapter 709, Florida Statutes, or
a guardian of the property of the surviving spouse; or the date that
is 2 years after the date of the decedent’s death; and
(6) that, under certain circumstances and by failing to
contest the will, the recipient of the notice of administration may be
waiving his or herthe recipient’s right to contest the validity of a
trust or other writing incorporated by reference into a will; and
(7) that the personal representative or curator has no
duty to discover whether any property held at the time of the
decedent’s death by the decedent or the decedent’s surviving spouse
is property to which the Florida Uniform Disposition of Community
Property Rights at Death Act as described in sections 732.216-
732.228, Florida Statutes, applies, or may apply, unless a written
demand is made by the surviving spouse or a beneficiary as
specified under section 732.2211, Florida Statutes.
(c) Copy of Will. Unless the court directs otherwise, the
personal representative of a testate estate must, upon written
request, furnish a copy of the will and all codicils admitted to
probate to any person on whom the notice of administration was
served.
(d) Objections. Objections to the validity of the will
shallmust follow the form and procedure set forth in these rules
pertaining to revocation of probate. Objections to the venue or
jurisdiction of the court shallmust follow the form and procedure
set forth in the Florida Rules of Civil Procedure.
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(e) Waiver of Service. For the purpose of determining
deadlines established by reference to the date of service of a copy of
the notice of administration in cases in which service has been
waived, service on a person who has waived notice is deemed to
occur on the date the waiver is filed.
Committee Notes
Rule History
1977 Revision-2020 Revision: [No Change]
2024 Revision: Subdivision (b)(7) was created to conform to an
amendment to section 733.212, Florida Statutes, which requires
the Notice of Administration include a notice that the personal
representative has no duty to determine if property is subject to the
Florida Uniform Disposition of Community Property Rights at Death
Act. Committee notes revised.
Statutory References
[No Change]
Rule References
[No Change]
RULE 5.241. NOTICE TO CREDITORS
(a) Publication and Service. Unless creditors’ claims are
otherwise barred by law, the personal representative shallmust
promptly publish a notice to creditors and serve a copy of the notice
on all creditors of the decedent who are reasonably ascertainable
and, if required by law, on the Agency for Health Care
Administration. Service of the notice shallmust be either by
informal notice, or in the manner provided for service of formal
notice at the option of the personal representative. Service on one
creditor by a chosen method shallwill not preclude service on
another creditor by another method.
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(b) Contents.
(1) The notice to creditors shallmust contain the name
of the decedent, the file number of the estate, the designation and
address of the court, the name and address of the personal
representative and of the personal representative’s attorney, and
the date of first publication of the notice to creditors. The notice
shall requires all creditors to file all claims against the estate with
the court, within the time provided by law.
(2) The notice must state that the personal
representative or curator has no duty to discover whether any
property held at the time of the decedent’s death by the decedent or
the decedent’s surviving spouse is property to which the Florida
Uniform Disposition of Community Property Rights at Death Act as
described in sections 732.216-732.228, Florida Statutes, applies, or
may apply, unless a written demand is made by a creditor as
specified under section 732.2211, Florida Statutes.
(c) Method of Publication and Proof. Publication shallmust
be made as required by law. The personal representative shallmust
file proof of publication with the court within 45 days after the date
of first publication of the notice to creditors.
(d) Statement Regarding Creditors. Within 4 months after
the date of the first publication of notice to creditors, the personal
representative shallmust file a verified statement that diligent
search has been made to ascertain the name and address of each
person having a claim against the estate. The statement shallmust
indicate the name and address of each person at that time known
to the personal representative who has or may have a claim against
the estate and whether such person was served with the notice to
creditors or otherwise received actual notice of the information
contained in the notice to creditors;, provided that the statement
need not include persons who have filed a timely claim or who were
included in the personal representative’s proof of claim.
(e) Service of Death Certificate. If service of the notice on
the Agency for Health Care Administration is required, it shallmust
be accompanied by a copy of the death certificate.
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Committee Notes
It is the committee’s opinion that the failure to timely file the
proof of publication of the notice to creditors shallwill not affect
time limitations for filing claims or objections.
On April 19, 1988, the United States Supreme Court decided
Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478,108 S. Ct. 1340
,99 L. Ed. 2d 565
. This case substantially impacted
the method for handling (and barring) creditors’ claims. This case
stands for the proposition that a creditor may not be barred by the
usual publication if that creditor was actually known to or
reasonably ascertainable by the personal representative, and the
personal representative failed to give notice to the creditor by mail
or other means as certain to ensure actual notice. Less than actual
notice in these circumstances would deprive the creditor of due
process rights under the 14th Amendment to the U.S. Constitution.
Probably actual notice of the death (as in the case of a hospital
where the decedent died as a patient) without notice of the
institution of probate proceedings is not sufficient.
An elementary and fundamental requirement of due process in
any proceeding which is to be accorded finality is notice reasonably
calculated, under all the circumstances, to apprise interested
persons of the pendency of the proceeding and afford them an
opportunity to present their claims.
The steps to be taken by a personal representative in
conducting a diligent search for creditors depends, in large
measure, on how familiar the personal representative is with the
decedent’s affairs. Therefore, the committee believes it is
inappropriate to list particular steps to be taken in each estate,
since the circumstances will vary from case to case.
The statement required by this rule is not intended to be
jurisdictional but rather to provide evidence of satisfaction (or lack
thereof) of the due process requirements.
Rule History
2002 Revision-2019 Revision: [No Change]
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2024 Revision: Subdivision (b)(2) was created to conform to an
amendment to section 733.2121, Florida Statutes, which requires
the notice to creditors to include a notice that the personal
representative has no duty to determine if property is subject to the
Florida Uniform Disposition of Community Property Rights at Death
Act. Committee notes revised.
Statutory References
[No Change]
Rule Reference
[No Change]
RULE 5.550. PETITION TO DETERMINE INCAPACITY
(a) Contents. The petition to determine incapacity shallmust
be verified by the petitioner and shallmust state:
(1)-(4) [No Change]
(5) which rights the alleged incapacitated person is
incapable of exercising to the best of the petitioner’s knowledge;
and, if the petitioner has insufficient experience to make that
judgment, the petitioner shallmust so indicate;
(6) [No Change]
(7) the names, relationships, and addresses of the next
of kin of the alleged incapacitated person, specifying the year of
birth of any who are minors, to the extent known to the petitioner;
and
(8) whether there are possible alternatives to
guardianship known to the petitioner, including, but not limited to,
trust agreements, powers of attorney, designations of health care
surrogates, or other advance directives, or supported
decisionmaking agreements, and if the petitioner is seeking a
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guardianship, an explanation as to why the alternatives are
insufficient to meet the needs of the alleged incapacitated person;
and
(9) whether the alleged incapacitated person uses
assistance to exercise the person’s rights, including, but not limited
to, supported decisionmaking agreements, and if so, why the
assistance is inappropriate or insufficient to allow the person to
independently exercise the person’s rights.
(b) Notice.
(1) Contents. The notice of filing the petition to
determine incapacity shallmust state:
(A)-(C) [No Change]
(2) Service on Alleged Incapacitated Person. The notice
and a copy of the petition to determine incapacity shallmust be
personally served by an elisor appointed by the court, who may be
the court appointed counsel for the alleged incapacitated person.
The elisor shallmust read the notice to the alleged incapacitated
person, but need not read the petition. A return of service shallmust
be filed by the elisor certifying that the notice and petition have
been served on and the notice read to the alleged incapacitated
person. No responsive pleading is required and no default may be
entered for failure to file a responsive pleading. The allegations of
the petition are deemed denied.
(3) Service on Others. A copy of the petition and the
notice shallmust also be served on counsel for the alleged
incapacitated person, and on all next of kin.
(c) Verified Statement. An interested person may file a
verified statement that shall states:
(1)-(2) [No Change]
(d) Order. When an order determines that a person is
incapable of exercising delegable rights, it shallmust specify
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whether there is an alternative to guardianship that will sufficiently
address the problems of the incapacitated person.
(e) Reports.
(1) [No Change]
(2) Service. Within 3 days after receipt of each
examining committee member’s report, the clerk shallmust serve
the report on the petitioner and the attorney for the alleged
incapacitated person by electronic-mail delivery or United States
mail, and, upon service, shallmust file a certificate of service in the
incapacity proceeding. The petitioner and the attorney for the
alleged incapacitated person must be served with all reports at least
10 days before the hearing on the petition, unless the reports are
not complete, in which case the petitioner and attorney for the
alleged incapacitated person may waive the 10-day requirement and
consent to the consideration of the report by the court at the
adjudicatory hearing. If such service is not timely effectuated, the
petitioner or the alleged incapacitated person may move for a
continuance of the hearing.
(3) Objections. The petitioner and the alleged
incapacitated person may object to the introduction into evidence of
all or any portion of the examining committee members’ reports by
filing and serving a written objection on the other party no later
than 5 days before the adjudicatory hearing. The objection must
state the basis upon which the challenge to admissibility is made. If
an objection is timely filed and served, the court shallmust apply
the rules of evidence in determining the reports’ admissibility. For
good cause shown, the court may extend the time to file and serve
the written objection.
(f) Adjudicatory Hearing. UpoOn appointment of the
examining committee, the court shallmust set the date upon which
the petition will be heard. The adjudicatory hearing must be
conducted within at least 10 days, which time period may be
waived, but no more than 30 days after the filing of the last filed
report of the examining committee members, unless good cause is
shown.
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Committee Notes
Rule History
1980 Revision - 2020 Revision: [No Change]
2024 Revision: Subdivision (a)(8) amended and new
subdivision (a)(9) adopted to conform to section 744.3201(2)(d),
Florida Statutes. Committee notes revised.
Statutory References
[No Change]
Rule References
[No Change]
RULE 5.649. GUARDIAN ADVOCATE
(a) Petition for Appointment of Guardian Advocate. A
petition to appoint a guardian advocate for a person with a
developmental disability may be executed by an adult person who is
a resident of this state. The petition must be verified by the
petitioner and must state:
(1)-(8) [No Change]
(9) whether the petitioner has knowledge, information,
or belief that the person with a developmental disability has a
preneed guardian designation; and
(10) whether authority is sought to seek periodic support
of the person with a developmental disability; and
(11) whether the person with a developmental disability
uses assistance to exercise the rights of the person, including, but
not limited to, supported decisionmaking agreements, and if so,
why the assistance is inappropriate or insufficient to allow the
person to independently exercise the person’s rights.
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(b) Notice.
(1) Notice of the filing of the petition must be given to
the person with a developmental disability, both verbally and in
writing, in the language of the person and in English. Notice must
also be given to the person with a developmental disability’s next of
kin, any designated health care surrogate, an agent designated in a
durable power of attorney, and suchany other persons as the court
may direct. A copy of tThe petition to appoint a guardian advocate
must be served with the notice.
(2)-(3) [No Change]
(c) [No Change]
(d) Order. If the court finds the person with a developmental
disability requires the appointment of a guardian advocate, the
order appointing the guardian advocate must contain findings of
facts and conclusions of law, including:
(1)-(6) [No Change]
(7) if the person may exercise rights with assistance,
and the rights for which the person lacks decisionmaking ability;
(8) the specific legal disabilities to which the person
with a developmental disability is subject;
(89) the name of the person selected as guardian
advocate; and
(910) the powers, duties, and responsibilities of the
guardian advocate, including bonding of the guardian advocate as
provided by law.
(e) [No Change]
Committee Notes
Rule History
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2008 Revision-2023 Revision: [No Change]
2024 Revision: Subdivision (a)(11) added to address statutory
changes to sections 393.12(3)(a) and 393.12, Florida Statutes.
Subdivision (d)(7) added to address statutory changes to sections
393.12(2)(a), Florida Statutes. Committee notes revised.
Statutory References
§ 393.063(9), Fla. Stat. Definitions.
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney
Act.
§ 709.20109, Fla. Stat. Termination or suspension of power of
attorney or agent’s authority.
§ 709.2209, Fla. Stat. Supported decisionmaking agreements.
§ 744.3045, Fla. Stat. Preneed guardian.
§ 765.101, Fla. Stat. Definitions.
§ 765.104, Fla. Stat. Amendment or revocation.
§ 765.202, Fla. Stat. Designation of a health care surrogate.
§ 765.204, Fla. Stat. Capacity of principal; procedure.
§ 765.205(3), Fla. Stat. Responsibility of the surrogate.
§ 765.302, Fla. Stat. Procedure for making a living will; notice
to physician.
§ 765.401, Fla. Stat. The proxy.
Rule References
[No Change]
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RULE 5.681. RESTORATION OF RIGHTS OF PERSON WITH
DEVELOPMENTAL DISABILITY
(a) Suggestion of Restoration of Rights. A suggestion of
restoration of rights of a person with a developmental disability may
be executed by any interested person, including the person with a
developmental disability. The suggestion must contain:
(1) [No Change]
(2) if other assistance, including supported
decisionmaking agreements, is an alternative to the continued
appointment of a guardian advocate;
(3) evidentiary support for the filing as provided by law;
and
(34) the name and address of the attorney representing
the person with a developmental disability, if any, known to the
petitioner.
(b) [No Change]
(c) Notice. UpoOn filing of the suggestion, if the name and
address of the attorney representing the person with a
developmental disability is listed in the suggestion, or upon the
appointment of counsel, if no name and address of an attorney are
listed in the suggestion, the clerk must immediately send notice of
the filing of the suggestion, together with a copy of the suggestion,
to the person with a developmental disability, the person’s guardian
advocate, the person’s attorney, the attorney for the guardian
advocate, if any, and any other interested person as directed by the
court. The notice must contain a statement that all objections to the
suggestion must be filed within 20 days after service of the notice.
Formal notice must be served on the guardian advocate. Informal
notice may be served on the other persons. Notice need not be
served on the petitioner. The clerk must file proof of service.
(d) Objections. Any objection must be in writing and must
state with particularity each item to which the objection is directed
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and the grounds on which the objection is based. The objector must
serve notice of hearing on the objection and a copy of the objection
on the person with the developmental disability, the person’s
attorney, the person’s guardian advocate, the attorney for the
guardian advocate, if any, the next of kin of the person with a
developmental disability, and any other interested persons as
directed by the court.
(e) Order. The court must enter an order denying the
suggestion or restoring all or some of the rights that were granted to
the guardian advocate. If only some rights are restored to the
person with a developmental disability, the order must state which
rights are restored and amend the letters of guardian advocacy
accordingly. The court need not hold a hearing prior tobefore
entering an order restoring rights if no objections are filed and the
court is satisfied with the evidentiary support for restoration
supplied by the petitioner.
(f) Additional Requirements. If personal rights are
restored, the guardian advocate must file an amended plan within
60 days after the order restoring rights. If all property rights are
restored, a guardian advocate previously granted management or
control over property must file a final accounting within 60 days
after the order restoring rights. A copy of any amended plan and
accounting must be promptly served on the person with a
developmental disability and the person’s attorney.
Committee Notes
Rule History
2008 Revision - 2019 Revision: [No Change]
2024 Revision: Subdivision (a)(2) amended, and subdivision
(a)(4) added to reflect the legislative change to section 744.464,
Florida Statutes, for the restoration of rights. Committee notes
revised.
Statutory References
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§ 393.063(9), Fla. Stat. Definitions.
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney
Act.
§ 709.2209, Fla. Stat. Supported decisionmaking agreements.
§ 744.464, Fla. Stat. Restoration to capacity.
§ 765.101, Fla. Stat. Definitions.
§ 765.104, Fla. Stat. Amendment or revocation.
§ 765.202, Fla. Stat. Designation of a health care surrogate.
§ 765.204, Fla. Stat. Capacity of principal; procedure.
§ 765.205(3), Fla. Stat. Responsibility of the surrogate.
§ 765.302, Fla. Stat. Procedure for making a living will; notice
to physician.
§ 765.401, Fla. Stat. The proxy.
Rule References
[No Change]
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RULE 5.905. FORM FOR PETITION; NOTICE; AND ORDER FOR
APPOINTMENT OF GUARDIAN ADVOCATE OF THE
PERSON
(a) Petition.
FORM FOR USE IN PETITION FOR APPOINTMENT OF
GUARDIAN ADVOCATE OF THE PERSON
UNDER FLORIDA PROBATE RULE 5.649
In the Circuit Court of the
Judicial
Circuit,
in and for
County, Florida
Probate Division
Case No.
In Re: Guardianship Advocacy of
Respondent’s Name
Person with Developmental Disability
PETITION FOR APPOINTMENT OF
GUARDIAN ADVOCATE OF THE PERSON
Petitioner, , files this petition under
section 393.12, Florida Statutes, and Florida Probate Rule 5.649 and alleges
that:
1. The petitioner, proposed guardian advocate .....(name)....., is
years of age, whose residential address is
and post office address is . The relationship
of the petitioner to the respondent is .
2. .....(Respondent’s name)..... is a person with a developmental
disability who was born on and who is years of age, who
resides in County, Florida. The residential address of the
respondent is
and the post office address is
.
3. The petitioner believes that respondent needs a guardian advocate:
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a. due to the following developmental disability:
( ) i. intellectual disability;
( ) ii cerebral palsy;
( ) iii. autism;
( ) iv. spina bifida;
( ) v. Down syndrome;
( ) vi. Phelan-McDermid syndrome; or
( ) vii. Prader-Willi syndrome,
which manifested before the age of 18.
b. The developmental disability has resulted in the following
substantial handicaps:
4. The exact areas in which the person with the developmental
disability lacks the ability to make informed decisions about the person’s care
and treatment services or to meet the essential requirements for the person’s
physical health or safety are as follows:
( ) a. to apply for government benefits;
( ) b. to determine residency;
( ) c. to consent to medical and mental health treatment;
( ) d. to make decisions about social environment/social
aspects of life;
( ) e. to make decisions regarding education; and
( ) f. to bring an independent action for support.
5. There are no alternatives to guardian advocacy, such as trust
agreements, powers of attorney, designation of health care surrogate, or other
advanced directive, known to petitioner that would sufficiently address the
problems of the respondent in whole or in part. Thus, it is necessary that a
guardian advocate be appointed to exercise some but not all of the rights of
respondent.
6. The names and addresses of the next of kin of the respondent are:
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Name Address Relationship
7. The proposed guardian advocate .....(name)....., whose residence
address is , and whose post office address is
;, is over the age of 18 and otherwise qualified under
the laws of the State of Florida to act as guardian advocate of the person of
respondent. The proposed guardian advocate is not a professional guardian.
The relationship of the proposed guardian advocate with the providers of health
care services, residential services, or other services to the respondent is (if
none, indicate: NONE):
8. a. The petitioner(s) allege(s) that to their knowledge,
information, and belief, the respondent has or has NOT
executed an advance directive under chapter 765, Florida Statutes, (designated
health case surrogate or other advance directive) or a durable power of attorney
under chapter 709, Florida Statutes.
b. The petitioner(s) also allege(s) to the petitioner’s knowledge,
information, and belief, the respondent, has or has NOT
executed a supported decisionmaking agreement under section 709.2209,
Florida Statutes.
c. The petitioner(s) allege(s) that the respondent has the
documents referenced in subdivisions 8.a. or 8.b., but the documents are
insufficient to meet the needs of the respondent because: (Do not complete if
the respondent does not have the documents referenced in subdivisions 8.a.
and 8.b.)
9. (If a Co-Guardian Advocate sought, complete this paragraph.)
Petitioner requests that be appointed co-guardian
advocate of the person of respondent. The proposed co-guardian advocate
.....(name)....., who is years of age, whose residence is
;, whose post office address is ;, is
over the age of 18 and otherwise qualified under the laws of the State of Florida
to act as guardian advocate of the person of respondent. The proposed co-
guardian advocate is not a professional guardian. The relationship of the
proposed co-guardian advocate with the providers of health care services,
residential services, or other services to the respondent is (if none, indicate:
NONE):
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The relationship and previous association of the proposed co-guardian
advocate to the respondent is . The proposed co-guardian
advocate should be appointed because:
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:
Proposed Guardian Advocate
Name:
Address:
Phone Number:
E-mail Address:
Signature:
Proposed Co-Guardian Advocate
Name:
Address:
Phone Number:
E-mail Address:
- 22 -
(b) [No Change]
(c) [No Change]
- 23 -
Reference
- Status
- Published