RULE 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF
AN INCAPACITATED PERSON

(a) Contents. The petition shall be verified by the petitioner
and shall state:

(1) the facts to establish venue;

(2) the petitioner’s residence and post office address;

(3) the name, age, and residence and post office
address of the alleged incapacitated person;

(4) the nature of the incapacity, the extent of
guardianship, either limited or plenary, requested for the alleged
incapacitated person, and the nature and value of property subject
to the guardianship;

(5) the names and addresses of the next of kin of the
alleged incapacitated person known to the petitioner;

(6) the name and residence and post office address of
the proposed guardian, and that the proposed guardian is qualified
to serve, or that a willing and qualified guardian has not been
located;

(7) the proposed guardian’s relationship to and any
previous association with the alleged incapacitated person,
including listing any activities designated in section 744.446(3),
Florida Statutes;

(8) the reasons why the proposed guardian should be
appointed;

(9) whether the petitioner has knowledge, information,
or belief that 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, guardian
advocate under section 744.3085, Florida Statutes, or other
advance directives, and if there are possible alternatives to
guardianship, an explanation as to why the alternatives are
insufficient to meet the needs of the alleged incapacitated person;

(10) whether the petitioner has knowledge, information,
or belief that the alleged incapacitated person has a preneed
guardian designation; and

(11) if the proposed guardian is a professional guardian,
a statement that the proposed guardian has complied with the
registration requirements of section 744.2002, Florida Statutes.

(b) Notice. Notice of filing the petition for appointment of
guardian may be served as a part of the notice of filing the petition
to determine incapacity, but shall be served a reasonable time
before the hearing on the petition or other pleading seeking
appointment of a guardian.

(c) Service on Public Guardian. If the petitioner requests
appointment of the public guardian, a copy of the petition and the
notice shall be served on the public guardian.

Committee Notes

Rule History

1975 Revision: Substantially the same as section 744.334,
Florida Statutes, expanded to include provisions of section 744.302,
Florida Statutes, and section 744.312, Florida Statutes, by
reference.

1977 Revision: Change in committee notes to conform to
statutory renumbering.

1980 Revision: Implements 1979 amendment to section
744.334, Florida Statutes.

1984 Revision: Combines rule 5.560 and part of prior rule
5.570. Editorial changes and committee notes revised.

1988 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.

1989 Revision by Ad Hoc Committee: Subdivision (a)(4) of the
former rule has been deleted altogether because the date and court
of adjudication will probably not be known at the time of filing the
petition for the appointment since petition for appointment will
henceforth be filed contemporaneously with the petition to
determine incapacity.

1991 Revision: Implements 1989 amendments to sections
744.334 and 744.331(1), Florida Statutes, and 1990 technical
amendments. Subdivision (c)(1) deleted because rule 5.555(d)
addresses service on parents.

1992 Revision: Citation form changes in committee notes.
1996 Revision: Deletes requirement in subdivision (a) to report
social security number of alleged incapacitated person. Adds
provision to subdivision (b) for notice before hearing when petition
is not served simultaneously with petition to determine incapacity.

2000 Revision: Deletes requirement in subdivision (a) to report
social security number of proposed guardian.

2003 Revision: Committee notes revised.

2006 Revision: New (a)(9) added to incorporate 2006 passage
of section 744.462, Florida Statutes. Subdivision (a)(10) added to
implement section 744.1083, Florida Statutes. Committee notes
revised.

2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4) –
(5) provides exceptions for using the birth date of any minor
“whenever the birth date is necessary for the court to establish or
maintain subject matter jurisdiction,” as well as using the full name
in situations in which the “name of the minor in any order relating
to parental responsibility, time-sharing, or child support.”
Committee notes revised.

2016 Revision: Subdivision (a)(9) revised to require the
disclosure of whether there are possible alternatives to
guardianship known to the petitioner. Committee notes revised.

2016 Revision: Subdivision (a)(10) amended to reflect the
renumbering of the statute from section 744.1083 to section
744.2002, Florida Statutes. Committee notes revised to update
statutory references.

2020 Revision (September): Amends subdivision (a)(9) to
address the Judicial Management Council Guardianship
Workgroup Final Report dated June 15, 2018, Focus Area 1,
Recommendation 3, by requiring an explanation if there are less
restrictive alternatives to guardianship, but they are not sufficient
to meet the needs of the alleged incapacitated person. Adds a new
subdivision (a)(10) to address the Judicial Management Council
Guardianship Workgroup Final Report dated June 15, 2018, Focus
Area 1, Recommendation 4, by requiring a statement of the
petitioner’s knowledge of any preneed guardian designation.
Committee notes revised.

2020 Revision (December): Subdivision (a)(7) amended to
include reference to section 744.446, Florida Statutes, and
subdivision (a)(9) amended to conform to section 744.334, Florida
Statutes, and the list of alternatives to guardianships.

Statutory References

§ 709.2104, Fla. Stat. Durable power of attorney.

§ 709.2109, Fla. Stat. Termination or suspension of power of
attorney or agent’s authority.

§ 744.2002, Fla. Stat. Professional guardian registration.

§ 744.2005, Fla. Stat. Order of appointment.

§ 744.2006, Fla. Stat. Office of public guardian; appointment,
notification.

§ 744.3045, Fla. Stat. Preneed guardian.

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.309, Fla. Stat. Who may be appointed guardian of a
resident ward.

§ 744.3115, Fla. Stat. Advance directives for health care.

§ 744.312, Fla. Stat. Considerations in appointment of
guardian.

§ 744.3201, Fla. Stat. Petition to determine incapacity.

§ 744.331, Fla. Stat. Procedures to determine incapacity.

§ 744.334, Fla. Stat. Petition for appointment of guardian or
professional guardian; contents.
§ 744.3371(1), Fla. Stat. Notice of petition for appointment of
guardian and hearing.

§ 744.341, Fla. Stat. Voluntary guardianship.

§ 744.446 Fla. Stat. Conflict of interest; prohibited activities;
court approval; breach of fiduciary duty.

§ 744.462, Fla. Stat. Determination regarding alternatives to
guardianship.

§ 765.102, Fla. Stat. Legislative intent and findings.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.550 Petition to determine incapacity.

Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.