RULE 5.630.   PETITION FOR APPROVAL OF ACTS

(a)    Contents.

(1)    When authorization or confirmation of any act of the guardian is required under section 744.441(1), Florida Statutes, application shall be made by verified petition stating the facts showing:

(A)    the expediency or necessity for the action;

(B)    a description of any property involved;

(C)    the price and terms of any sale, mortgage, or other contract;

(D)    whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised;

(E)    whether the action requested conforms to the guardianship plan; and

(F)    the basis for the relief sought.

(2)    When authorization or confirmation of any act of the guardian is required under section 744.441(2), Florida Statutes, application shall be made by verified petition attaching any affidavits and supporting documentation, including any living will, and stating the facts showing:

(A)    the name and location of the ward;

(B)    the names, relationship to the ward, and addresses if known to the guardian, of:

(i)     the ward’s spouse and adult children,

(ii)    the ward’s parents,

(iii)   the ward’s next of kin,

(iv)    any guardian and any court-appointed health care decision-maker,

(v)     any person designated by the ward in a living will or other document to exercise the ward’s health care decision in the event of the ward’s incapacity,

(vi)    the administrator of the hospital, nursing home, or other facility where the ward is located,

(vii)   the ward’s principal treating physician and other physicians known to have provided any medical opinion or advice about any condition of the ward relevant to this petition, and

(viii)  all other persons the guardian believes may have information concerning the expressed wishes of the ward; and

(C)    facts sufficient to establish the need for the relief requested.

(b)    Notice. No notice of a petition to authorize sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other act requiring a court order shall be given to the ward, to the next of kin, if any, and to those persons who have filed requests for notices and copies of pleadings.

(c)    Order.

(1)    If the act is authorized or confirmed, the order shall describe the permitted act and authorize the guardian to perform it or confirm its performance.

(2)    If a sale or mortgage is authorized or confirmed, the order shall describe the property. If a sale is to be private, the order shall specify the price and the terms of the sale. If a sale is to be public, the order shall state that the sale shall be made to the highest bidder and that the court reserves the right to reject all bids.

(3)    If the guardian is authorized to bring an action to contest the validity of all or part of a revocable trust, the order shall contain a finding that the action appears to be in the ward’s best interests during the ward’s probable lifetime. If the guardian is not authorized to bring such an action, the order shall contain a finding concerning the continued need for a guardian and the extent of the need for delegation of the ward’s rights.

(d)    Hearings. A preliminary hearing on any petition filed under section 744.441(2), Florida Statutes, shall be held within 72 hours after the filing of the petition. At that time, the court shall review the petition and supporting documentation. In its discretion, the court shall either:

(1)    rule on the relief requested immediately after the preliminary hearing; or

(2)    conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing.


Last Modified on Rules.Legal: