In Re: Amendments to Florida Probate Rules 5.171 and 5.205

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).

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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) 	$

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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

- 31 -
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
Ward
An Incapacitated Person
LETTERS OF .....(PLENARY OR LIMITED)..... GUARDIANSHIP OF THE PERSON
TO ALL WHOM IT MAY CONCERN:
WHEREAS, .....(guardian’s name)..... has been appointed .....(plenary or
limited)..... guardian of the person of 	.....(the ward)..... 	and has taken 	the
prescribed 	oath 	and 	performed 	all 	other 	acts 	prerequisite 	to 	issuance 	of
.....(plenary or limited)..... letters of guardianship of the person of the ward.
NOW 	THEREFORE, 	I, 	the 	undersigned 	judge, 	declare 	.....(guardian’s
name)..... 	duly 	qualified 	under 	the 	laws 	of 	the 	State 	of 	Florida 	to 	act 	as
.....(plenary or limited)..... guardian of the person of .....(ward’s name)..... with
full power to exercise all power or the following powers and duties pertaining to
the ward’s person:
( 	) 	1. 	to determine his or herthe ward’s residence;
( 	) 	2. 	to consent to medical and mental health treatment; and

- 33 -
( 	) 	3. 	to make decisions about his or herthe ward’s social
environment or other social aspects of his or herthe ward’s life;
except the guardian shallmust not exercise any rights enumerated under section
744.3215(1), Florida Statutes.
The guardian 	shallmust 	must not execute any power over any
health care surrogate appointed by any valid advance directive executed by the
ward, pursuant tounder section 744.345, Florida Statutes, except upon order
of this court.
ORDERED this .....(date)......
Judge

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(b) 	Letters of Guardianship of the Property.
FORM LETTERS OF GUARDIANSHIP OF THE PROPERTY
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 the Property
Ward
An Incapacitated Person
LETTERS OF .....(PLENARY OR LIMITED)..... GUARDIANSHIP OF THE
PROPERTY
TO ALL WHOM IT MAY CONCERN:
WHEREAS, .....(guardian’s name)..... has been appointed .....(plenary or
limited)..... guardian of the property of .....(the ward)..... and has taken the
prescribed oath and performed all other acts prerequisite to issuance of
.....(plenary or limited)..... letters of guardianship of the property of the ward.
NOW THEREFORE, I, the undersigned judge, declare .....(guardian’s
name)..... duly qualified under the laws of the State of Florida to act as
.....(plenary or limited)..... guardian of the property of .....(ward’s name)..... with
full power to exercise all delegable legal rights and powers of the ward, (or these
listed):
( 	) 	1. 	to contract;
( 	) 	2. 	to sue and defend lawsuits;

- 35 -
( 	) 	3. 	to apply for government benefits; and
( 	) 	4. 	to manage property or to make any gift or disposition of
property;
except the guardian shallmust not exercise any rights enumerated under
section 744.3215(1), Florida Statutes.
ORDERED on .....(date)......
Judge

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RULE 5.904. 	FORMS FOR INITIAL AND ANNUAL
GUARDIANSHIP PLANS
(a) 	Initial Guardianship Plan for Minor.
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
Minor Ward
INITIAL GUARDIANSHIP PLAN FOR MINOR
.....(Guardian’s name)....., the guardian of the person of .....(ward’s
name)....., submits the following annual plan for the period beginning on
.....(beginning date)..... and ending on .....(ending date)....., for the benefit of the
ward.
1. 	The ward’s address at the time of filing this plan is:
2. 	The medical, dental, mental, or personal care services for the
welfare of the ward that will be provided during the upcoming year are:
Provider 	Type of Service to be Provided

- 37 -
3. 	The social and personal services to be provided for the welfare of
the ward during the upcoming year are:
4. 	The place and kind of residential setting best suited for the needs
of the ward is:
5. 	The physical and/or mental examinations necessary to determine
the ward’s medical, dental, and mental health treatment needs are:
6. 	Education of the ward:
Name and address of the school the ward will attend:
Grade level of ward:
Description of classes the ward will attend:
7. 	Consulting with ward (Check 1):
( 	) 	a. 	The ward is under age 14;
OR
( 	) 	b. 	The guardian attests that the guardian has consulted
with the ward (if ward is 14 years of age or older) and, to the extent reasonable,
honored the ward’s wishes consistent with the rights retained by the ward
under the plan, and to the maximum extent reasonable, the plan is in
accordance with the wishes of the ward.
8. 	This initial plan does not restrict the physical liberty of the ward
more than is reasonably necessary to protect the ward from serious physical
injury, illness, or disease and provides the ward with medical care and mental
health treatment for the ward’s physical and mental health.
(Please use additional sheets if necessary.)
Under penalties of perjury, I declare that I have completed and read
the foregoing, and the facts set forth are true, to the best of my
knowledge and belief.
Signed on .....(date)......

- 38 -
[A certificate of service is required if ward is 14 years of age or older.]
[I certify that the foregoing document has been furnished to .....(name,
address used for service, mailing address, and e-mail address)..... by (e-mail)
(delivery) (mail) (fax) on .....(date)…...I certify that on ….(date)…. this document
has been furnished to (here insert name(s) and service address(es) by (here
insert method of service such as portal, e-mail, delivery, or mail).]
Guardian’s Signature
Guardian’s Printed Name:
Guardian’s Address:
Guardian’s Phone Number:
Guardian’s E-mail Address:
If the guardian is represented by counsel, the attorney must comply with
Florida Rule of General Practice and Judicial Administration 2.515.

- 39 -
(b) 	Annual Guardianship Plan for Minor.
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
Minor Ward
ANNUAL GUARDIANSHIP PLAN FOR MINOR
.....(Guardian’s name)....., the guardian of the person of .....(ward’s
name)....., submits the following annual plan for the period beginning on
.....(beginning date)..... and ending on .....(ending date)......
1. 	The ward’s address at the time of filing this plan is:
. During the prior 12 months, the ward resided at (include dates, names,
addresses, and length of stay at each location):
Date 	Name 	Address 	Length of stay
2. 	List any professional treatment (medical or dental) given to the
ward during the prior 12 months:
Date 	Provider 	Treatment provided

- 40 -
3. 	A report from the physician who examined the ward no more than
180 days before the beginning of the applicable reporting period that contains
an evaluation of the ward’s physical and mental conditions has been filed with
this plan. [See subdivision (e) of this rule for a format for a physician’s report.]
4. 	The plan for providing medical or dental services in the coming
year:
5. 	A summary of the ward’s school progress report:
6. 	A description of the ward’s social development, including how well
the ward communicates and maintains interpersonal relationships:
7. 	The social needs of the ward are:
8. 	Consulting with ward (Check 1):
( 	) 	a. 	The ward is under age 14;
OR
( 	) 	b. 	The guardian attests that the guardian has consulted
with the ward (if ward is 14 years of age or older) and, to the extent reasonable,
honored the ward’s wishes consistent with the rights retained by the ward
under the plan, and to the maximum extent reasonable, the plan is in
accordance with the wishes of the ward.
(Please use additional sheets if necessary.)
Under penalties of perjury, I declare that I have completed and read
the foregoing, and the facts set forth are true, to the best of my
knowledge and belief.

- 41 -
Signed on .....(date)......
[A certificate of service is required if ward is 14 years of age or older.]
[I certify that the foregoing document has been furnished to .....(name,
address used for service, mailing address, and e-mail address)..... by .....(e-
mail) (delivery) (mail) (fax)..... on .....(date)…...I certify that on ….(date)…. this
document has been furnished to (here insert name(s) and service address(es)
by (here insert method of service such as portal, e-mail, delivery, or mail).]
Guardian’s Signature
Guardian’s Printed Name:
Guardian’s Address:
Guardian’s Phone Number:
Guardian’s E-mail Address:

- 42 -
(c) 	Initial Guardianship Plan for Adult.
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
Person with Developmental Disability
INITIAL GUARDIANSHIP PLAN
(Initial Report of Guardian/Guardian Advocate)
.....(Guardian’s name)....., the guardian of the person/guardian advocate of
.....(ward’s name)....., the ward, submits the following initial plan:
During the period beginning .....(beginning date)....., and ending on .....(ending
date)....., the guardian proposes the following plan for the benefit of the ward.
1. 	The medical, mental, or personal care services for the welfare of
the ward that will be provided during the upcoming year are:
Provider 	Type of Service to be Provided

- 43 -
2. 	The social and personal services to be provided for the welfare of
the ward during the upcoming year are:
3. 	The place and kind of residential setting best suited for the needs
of the ward is:
4. 	Describe the health and accident insurance and any other private
or governmental benefits to which the ward may be entitled to meet any part of
the costs of medical, mental health, or related services provided to the ward:
5. 	The physical and mental examinations necessary to determine the
ward’s medical, and mental health treatment needs are:
6. 	The guardian/guardian advocate hereby attests that the
guardian/guardian advocate has consulted with the ward and, to the extent
reasonable, honored the ward’s wishes consistent with the rights retained by
the ward under the plan, and to the maximum extent reasonable, the plan is in
accordance with the wishes of the ward.
7. 	This initial plan does not restrict the physical liberty of the ward
more than is reasonably necessary to protect the ward from serious physical
injury, illness, or disease and provides the ward with medical care and mental
health treatment for the ward’s physical and mental health.
(Please use additional sheets if necessary.)
8. 	The following is a list of preexisting orders not to resuscitate,
health care surrogate decision, living will, or anatomical gift.
# 	Title 	Date
Suspended by
Court (Yes or
No)
Steps Taken
to Locate
any
Preexisting
Document
1.
2.
3.
(Please use additional sheets if necessary.)

- 44 -
Under penalties of perjury, I declare that I have completed and read
the foregoing, and the facts set forth are true, to the best of my
knowledge and belief.
Signed on .....(date)......
[A certificate of service is required unless ward has been declared totally
incapacitated.]
[I certify that the foregoing document has been furnished to .....(name, address
used for service, mailing address, and e-mail address)..... by .....(e-mail)
(delivery) (mail) (fax)..... on .....(date)…...I certify that on ….(date)…. this
document has been furnished to (here insert name(s) and service address(es)
by (here insert method of service such as portal, e-mail, delivery, or mail).]
Guardian’s Signature
Guardian’s Printed Name:
Guardian’s Address:
Guardian’s Phone Number:
Guardian’s E-mail Address:

- 45 -
(d) 	Annual Guardianship Plan for Adult.
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
Person with Developmental Disability
ANNUAL GUARDIANSHIP PLAN OF GUARDIAN/
GUARDIAN ADVOCATE OF THE PERSON
.....(Guardian’s name)....., the guardian of the person/guardian advocate of
.....(ward’s name)....., the ward, submits the following annual plan for the
period beginning .....(beginning date)..... ending .....(ending date)......
1. 	The ward’s address at the time of filing this plan is:
2. 	During the prior 12 months, the ward resided or was maintained
at (include dates, names, addresses, and length of stay at each location):
Date 	Name 	Address 	Length of stay
3. 	The residential setting best suited for the current needs of the
ward is (Check 1):

- 46 -
( 	) 	a. 	group home;
( 	) 	b. 	assisted living;
( 	) 	c. 	nursing home;
( 	) 	d. 	live with parents;
( 	) 	e. 	at ward’s private residence; or
( 	) 	f. 	other:
4. 	Plans for ensuring that the ward is in the best residential setting to
meet the ward’s needs during the coming year are as follows:
5. 	The following is a list of any medical treatment given to the ward
during the preceding year:
Date 	Provider 	Treatment provided
6. 	Attached is a report of a physician who examined the ward no
more than 90 days before the beginning of the applicable reporting period,
including that physician’s evaluation of the ward’s condition and a statement of
the current level of capacity of the ward.
7. 	The plan for provision of medical, dental, mental health, and
rehabilitative services (for example, occupational therapy, physical therapy,
speech therapy, applied behavioral analysis) in the coming year is:
Date 	Provider 	Service provided
8. 	The following information is submitted concerning the social
condition of the ward:
a. 	The ward is currently using the following social and personal
services (include name, services rendered, and address of each provider),
including any groups in which the ward is participating:

- 47 -
Date 	Provider 	Service provided
b. 	The following is a statement of the social skills of the ward,
including how well the ward maintains interpersonal relationships with
others:
c. 	The following is a description of the social needs of the ward,
if any:
9. 	The following is a summary of activities during the preceding year
designed to increase the capacity of the ward, including involvement in groups
or group activities:
10. 	Is the ward now capable of having some or all of the ward’s rights
restored?
( 	) 	If yes, identify the rights that should be restored:
11. 	Do you plan to seek the restoration of any rights to the ward?
( 	) 	If yes, identify the rights that you are seeking to be restored:
12. 	This plan 	has or 	has not been reviewed with
the ward.
(Please use additional sheets where necessary.)
13. 	The following is a list of preexisting orders not to resuscitate,
health care surrogate designation, living will, or anatomical gift:
Suspended by
Steps Taken
to Locate
any

- 48 -
# 	Title 	Date
Court? (Yes or
No)
Preexisting
Document
1.
2.
3.
(Please use additional sheets if necessary.)
Under penalties of perjury, I declare that I have completed and read
the foregoing, and the facts set forth are true, to the best of my
knowledge and belief.
Signed on .....(date)......
[A certificate of service is required unless ward has been declared totally
incapacitated.]
[I certify that the foregoing document has been furnished to .....(name, address
used for service, mailing address, and e-mail address)..... by .....(e-mail)
(delivery) (mail) (fax)..... on .....(date).…..I certify that on ….(date)…. this
document has been furnished to (here insert name(s) and service address(es)
by (here insert method of service such as portal, e-mail, delivery, or mail).]
Guardian’s Signature
Guardian’s Printed Name:
Guardian’s Address:
Guardian’s Phone Number:
Guardian’s E-mail Address:
If the guardian is represented by counsel, the attorney must comply with
Florida Rule of General Practice and Judicial Administration 2.515 (every
document of a party represented by an attorney must be signed by at least 1
attorney of record).

- 49 -
(e) 	Physician’s Report.
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
Person with Developmental Disability
PHYSICIAN’S REPORT
(Required by section 744.3675, Florida Statutes)
1. 	Name of Physician:
Address:
2. 	Name of ward:
3. 	Date of examination:
4. 	Purpose of examination:
a. 	Regular checkup:
b. 	Treatment for:

- 50 -
5. 	Evaluation of ward’s condition: (Specify mental and physical
condition at time of examination)
6. 	Description of ward’s capacity to live independently:
7. 	The ward 	does 	does not continue to need assistance of a
guardian.
8. 	Is the ward capable of being restored to capacity at this time?
Yes 	No
Are there any rights that can be restored at this time? Check any rights that
can be restored:
( 	) 	a. 	to marry;
( 	) 	b. 	to vote;
( 	) 	c. 	to personally apply for government benefits;
( 	) 	d. 	to have a driver license;
( 	) 	e. 	to travel;
( 	) 	f. 	to seek or retain employment;
( 	) 	g. 	to contract;
( 	) 	h. 	to sue and defend lawsuits;
( 	) 	i. 	to apply for government benefits;
( 	) 	j. 	to manage property or to make any gift or disposition
of property;
( 	) 	k. 	to determine the ward’s residence;
( 	) 	l. 	to consent to medical and mental health treatment; or
( 	) 	m. 	to make decisions about the ward’s social environment
or other social aspects of the ward’s life.
9. 	Date of this report:

- 51 -
10. 	Signature of physician completing this report:
APPENDIX A
INSTRUCTIONS TO GUARDIANS AND GUARDIAN ADVOCATES FOR FILING
ANNUAL PLANS
1. 	Fill in the name of the county in which the case is filed on the
second blank line at the top where it reads “IN AND FOR
COUNTY.”
2. 	Print the name of the ward on the line just below the “In Re:
Guardianship of” caption.
3. 	Put the case number in the space marked “CASE NO.” in the upper
right-hand corner (same as court file number).
4. 	On the first blank line after the title of the document (Annual
Plan), print the guardian’s name.
5. 	On the next blank line, print the ward’s name.
6. 	Write in the dates for the period of time of the plan. This period
should end on the last day of the month of the month you were appointed and
begin a full year before that. If you do not know your plan period, please see
the chart below. Please call the clerk’s office or the appropriate court staff in
the county in which you are filing, if you cannot determine the plan period after
reviewing the chart.
7. 	Type or print answers to all of the questions on the plan. If the
question does not apply to your ward’s circumstances, write in the phrase “not
applicable.” Fill in all the blanks. If your ward has a habilitation plan (produced
by the social worker or the Florida Department of Children and Families) and it
has changed, please provide a copy of the habilitation plan as an attachment to
the annual plan. If the habilitation plan has not changed then do not file a
copy.
8. 	In paragraph 9, if your ward participates in groups, include that
information in this paragraph.
9. 	Sign your name, and print your name, address, e-mail address,
and phone number where indicated. If there are co-guardian advocates, both
must sign the plan.

- 52 -
10. 	Make a copy of the plan for your records in the event there is a
problem and work from it for next year’s plan. Make a copy of any attachments
to the plan, as well.
11. 	Mail or hand deliver the original plan to the Clerk of Court of the
county in which the case is filed. You MUST also send a copy of the plan to
your attorney, if you have an attorney, so that the attorney will know that you
have filed the plan and will have a copy of the plan in case there is a problem.

- 53 -
APPENDIX B
ANNUAL ACCOUNTING AND PLAN DATES
(IF FISCAL YEAR REPORT PERIOD)
Month Letters
Signed
Report Begin
Date
Report End
Date
Report Due
Date
January 	February 1 	January 31 	May 1
February 	March 1 	February 28 	June 1
March 	April 1 	March 31 	July 1
April 	May 1 	April 30 	August 1
May 	June 1 	May 31 	September 1
June 	July 1 	June 30 	October 1
July 	August 1 	July 31 	November 1
August 	September 1 	August 31 	December 1
September 	October 1 	September 30 	January 1
October 	November 1 	October 31 	February 1
November 	December 1 	November 30 	March 1
December 	January 1 	December 31 	April 1

- 54 -
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 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 	.

- 55 -
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:
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;
( 	) 	vii. 	Prader-Willi syndrome; or
( 	) 	viii. 	Tatton-Brown-Rahman 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

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( 	) 	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:
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.)

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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):
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:

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(b) 	Notice. The notice of the filing of the petition for the appointment
of guardian advocate of the person and notice of hearing must be served with
the petition for appointment of guardian advocate of the person under
subdivision (a) of this rule.
FORM FOR NOTICE OF FILING OF A PETITION FOR
APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON
UNDER SECTION 393.12(4), FLORIDA STATUTES,
AND NOTICE OF HEARING
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: Guardian Advocacy of
Respondent’s Name
Person with Developmental Disability
NOTICE OF FILING OF A PETITION FOR
APPOINTMENT OF GUARDIAN ADVOCATE
AND NOTICE OF HEARING
TO: 	.....(Respondent)....., .....(attorney for respondent)....., .....(next of
kin)....., .....(healthcare surrogate)....., and .....(agent under durable power of
attorney).....
YOU ARE NOTIFIED that a petition for appointment of guardian advocate
of the person has been filed. A copy of the petition for appointment of guardian

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advocate of the person is attached to this notice. There will be a hearing on the
petition as follows:
You are to appear before the Honorable .........., Judge, at .....(time).....,
on .....(date)....., at the county courthouse of .......... County, in .........., Florida
for the hearing of this petition.
The reason for this hearing is to inquire into the capacity of the
respondent, the person with a developmental disability, to exercise the rights
enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.)
The respondent has the right to be represented by counsel of the
respondent’s own choice and the court has initially appointed the following
attorney to represent the respondent:
Attorney for the respondent: .....(name)....., .....(address)....., .....(phone).....,
.....(e-mail)......
Respondent has the right to substitute an attorney of the respondent’s
own choice in place of the attorney appointed by the court.
Signed .....(date)......
Signature: 	Signature:
Proposed Guardian Advocate 	Proposed Co-Guardian Advocate
(if any)
Name: 	Name:
Address: 	Address:
Phone Number: 	Phone Number:
E-mail Address: 	E-mail Address:
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing notice of filing petition to appoint
guardian advocate and notice of hearing and a copy of the petition for
appointment of guardian advocate of the person was served on all persons
indicated above, including on the attorney for the respondent, on .....(date)......
Signature: 	Signature:
Proposed Guardian Advocate 	Proposed Co-Guardian Advocate
(if any)
Name: 	Name:
Address: 	Address:
Phone Number: 	Phone Number:

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E-mail Address: 	E-mail Address:
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact [identify applicable
court personnel by name, address, and telephone number] at least 7 days
before your scheduled court appearance, or immediately upon receiving
this notification if the time before the scheduled appearance is less than
7 days; if you are hearing or voice impaired, call 711.

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(c) 	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
Person with Developmental Disability
ORDER APPOINTING GUARDIAN ADVOCATE
On consideration of the petition for the appointment of guardian
advocate of the person, the court finds that .....(respondent’s name)..... has a
developmental disability of a nature that requires the appointment of guardian
advocate of the person based on the following findings of fact and conclusions
of law:
1. 	The nature and scope of the person’s lack of decision-making
ability are:
2. 	The exact areas in which the person lacks decision-making ability
to make informed decisions about care and treatment services or to meet the
essential requirements for the respondent’s health and safety are specified in
number 4.
3. 	The specific legal disabilities to which the person with a
developmental disability is subject to are:

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4. 	The powers and duties delegated to the guardian advocate are:
( 	) 	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. 	Without first obtaining specific authority from the court, as stated
in section 744.3725, Florida Statutes, the guardian advocate may not exercise
any authority over any health care surrogate appointed by any valid advance
directive executed by the disabled person, under Chapter 765, Florida Statutes,
except on further order of this Court.
ORDERED AND ADJUDGED:
1. .....(Name)..... is qualified to serve as guardian advocate and is hereby
appointed as guardian advocate of the person of .....(respondent’s name)......
2. 	The guardian advocate will exercise only the rights that the court
has found the disabled person incapable of exercising on the disabled person’s
own behalf, as outlined herein above. Said rights are specifically delegated to
the guardian advocate.
ORDERED this .....(date)......
Judge

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RULE 5.906. 	LETTERS OF GUARDIAN ADVOCACY
FORM LETTERS OF GUARDIAN ADVOCACY
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: Guardian Advocacy of
Respondent’s Name
Person with Developmental Disability
LETTERS OF GUARDIAN ADVOCATE (CO-GUARDIAN
ADVOCATES) OF THE PERSON
TO ALL WHOM IT MAY CONCERN:
WHEREAS, .....(guardian advocate’s name(s))..... has/have been
appointed guardian advocate(s) of the person of .....(the ward)....., a person with
a developmental disability who lacks the decision-making capacity to do some
of the tasks necessary to take care of the ward’s person; and
NOW, THEREFORE, I, the undersigned, declare that .....(guardian
advocate’s name(s))..... is/are duly qualified under the laws of the State of
Florida to act as guardian advocate of the person of .....(the ward)...., with full
power to exercise the following powers and duties on behalf of the person with
a developmental disability:
( 	) 	1. 	to apply for government benefits;
( 	) 	2. 	to determine residency;

- 64 -
( 	) 	3. 	to consent to medical and mental health treatment;
( 	) 	4. 	to make decisions about social environment and social
aspects of life;
( 	) 	5. 	to make decisions regarding education; and
( 	) 	6. 	to bring an independent action for support.
Without first obtaining specific authority from the court, under sections
744.3215(4) and 744.3725, Florida Statutes, the guardian advocate (co-
guardian advocates) may not:
a. 	commit the respondent to a facility, institution, or licensed
service provider without formal placement proceedings under Chapter 393,
Florida Statutes;
b. 	consent to the participation of the respondent in any
experimental biomedical or behavior procedure, exam, study, or research;
c. 	consent to the performance of sterilization or abortion
procedure on the respondent;
d. 	consent to termination of life support systems provided for
the respondent;
e. 	initiate a petition for dissolution of marriage for the ward; or
f. 	exercise any authority over any health care surrogate
appointment by a valid advance directive executed by the disabled person,
under Chapter 765, Florida Statutes, except on further order of this court.
The respondent retains all legal rights except those that are specifically
granted to the guardian advocate (co-guardian advocates) under court order.
ORDERED this .....(date)......
Judge

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RULE 5.910. 	INVENTORY
Judicial Circuit,
in and for
County, Florida
Probate Division
Case No.
Judge:
Amended Form? 	Yes* 	No
*If yes, version of the Amended
Form:
In the Circuit Court of the
Judicial
Circuit,
in and for
County, Florida
Probate Division
Case No.:
Judge:
Amended form? 	Yes* 	No
*If yes, version of
Amended Form:
In Re: Guardianship of
INITIAL INVENTORY
Date of letters of guardianship:
Property guardianship type:
SUMMARY
Section A: Value of Real Property Assets 	$
Section B: Cash Assets/Cash Equivalent Assets 	$
Section C: Intangible Assets/Stocks/Bonds 	$

- 66 -
Section D: Tangible Personal Property 	$
Section E: Debts/Encumbrances/Liabilities/Liens 	$
Total 	$
Section A: Real Property Assets
Do you have entries for Section A? 	Yes 	No
Number 	Description and
Address
Full Value 	Is There Another
Owner? Yes or No
1.
2.
3.
Total for Section A 	$
Attach a copy of the property appraiser’s information or a copy of the deed for
all real property.
Section B: Cash Assets/Cash Equivalent Assets (checking account, savings
account, money market account, certificate of deposit (CD))
Do you have entries for Section B? 	Yes 	No
Are any of the entries held in a depository account? 	Yes 	No
Number 	Institution
Name
Last 4
Digits of
Account
Number
Type of
Asset
Full
Value
Is There
Another
Owner?
Yes or
No
Is this a
Depository
Account?
Yes or No
1.
2.
3.
Total for Section B 	$

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Attach a copy of the institution’s statement for each account from the creation
date of the guardianship.
Section C: Intangible Assets/Stocks/Bonds
Do you have entries for Section C? 	Yes 	No
Are any of the entries held in a depository account? 	Yes 	No
Number 	Issuer
Name and
Address
Type of
Asset
Full Value 	Last 4
Digits of
Account
Number
Is There
Another
Owner?
Yes or No
1.
2.
3.
Total for Section C 	$
Attach a copy of the institution’s statement for each account from the creation
date of the guardianship.
Section D: Tangible Personal Property Assets (motor vehicles, jewelry,
household furnishings, collectibles, fine art)
Do you have entries for Section D? 	Yes 	No
Number 	Description and
Location
Full Value 	Is There Another
Owner? Yes or No
1.
2.
3.
Total for Section D 	$
Attach a copy of the title for any motor vehicle.
Section E: Debts/Encumbrances/Liens/Liabilities
Do you have entries for Section E? 	Yes 	No
Instructions: List each liability equal to or greater than $1,000.

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Number 	Creditor 	Full Amount
of Liability
Last 4 Digits
of Account
Number
Is there
Another
Person who
Owes on the
Debt? Yes or
No
1.
2.
3.
Total for Section E 	$
A copy of documents detailing each listed liability.
Section F: Sources of Income
Do you have entries for Section F? 	Yes 	No
Number 	Type 	Payor 	Estimated
Monthly Amount
1.
2.
3.
Total for Section F 	$
Is the guardian the representative payee of Social Security benefits? 	Yes
No
If no, who is the representative payee for the Social Security benefits?
Section G: Lawsuits Against the Ward
Do you have entries for Section G? 	Yes 	No
Number 	Description
of Lawsuit
or Claim
Estimated
Amount
of Claim
Court
Address
Plaintiff’s
Name
and
Address
Describe
Cause of
Action
Date of
Debt
Occurrence
1.
2.
3.

- 69 -
Section H: Pending Litigation and/or Lawsuits the Ward May Bring if
Court Approval Is Received
Do you have entries for Section H? 	Yes 	No
Number 	Description
of Lawsuit
or Claims
Case
Number
and Court
Address
Defendant
Name and
Address
Describe
Cause of
Action
Attorney
for Ward
1.
2.
3.
Section I: Assets the Ward, as of the Date of the Letters of Guardianship,
Was Entitled to Receive, but Has Not Received
Do you have entries for Section I? 	Yes 	No
Instructions: If the guardian has knowledge of assets the ward was entitled to
receive as of the date of letters, but were not received the assets should be
listed here. Examples: insurance policies, benefits, inheritance, or settlements
from litigation.
Number 	Description 	Estimated Date of
Receipt
Estimated
Amount
1.
2.
3.
Section J: Trusts
Do you have entries for Section J? 	Yes 	No
Number 	Name of
Current
Trustee and
Address
Ward’s
Interest
Estimated Date
Trust was
Created
Value of
the Ward’s
Interest in
the Trust
1.
2.
3.

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Section K. Safe-Deposit Box
Does the ward lease a safe-deposit box? 	Yes 	No
If yes, location and number of safe-deposit box:
Does the ward lease a safe-deposit box with another individual or individuals?
Yes 	No
Who is the joint lessee with the ward?
Was an inventory of the safe-deposit box filed with the court as required by
section 744.365, Florida Statutes? 	Yes 	No
Has the safe-deposit box been opened? 	Yes 	No
[A certificate of service as required by Florida Rule of General Practice and
Judicial Administration 2.516 must be included if the incapacitated person is not
a minor under 14 years of age and is not totally incapacitated.]
I certify that the foregoing document has been furnished to .....(name,
address used for service, mailing address, and e-mail address)..... by .....(e-
mail) (delivery) (mail) (fax)..... on .....(date)…...I certify that on ….(date)…. this
document has been furnished to (here insert name(s) and service address(es)
by (here insert method of service such as portal, e-mail, delivery, or mail).
Guardian’s Signature
Guardian’s Printed Name:
Guardian’s Address:
Guardian’s Phone Number:
Guardian’s E-mail Address: