Florida Probate Rule 5.630
RULE 5.630. PETITION FOR APPROVAL OF ACTS
(a) Contents. When authorization or confirmation of any act
of the guardian is required under sections 744.422 or 744.441,
Florida Statutes, application must be made by verified petition
stating the facts showing:
(1) the expediency or necessity for the action;
(2) a description of any property involved;
(3) the price and terms of any sale, mortgage, or other
contract;
(4) whether the ward has been adjudicated
incapacitated to act with respect to the rights to be exercised;
(5) whether the action requested conforms to the
guardianship plan; and
(6) the basis for the relief sought.
(b) Notice. No notice of a petition to authorize sale of
perishable personal property or of property rapidly deteriorating is
required. Notice of a petition to perform any other act requiring a
court order must 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 must
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 must describe the property. If a sale is to be private, the order
must specify the price and the terms of the sale. If a sale is to be
public, the order must state that the sale will 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 must
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 must contain a
finding concerning the continued need for a guardian and the
extent of the need for delegation of the ward’s rights.
Committee Notes
Rule History
1975 Revision: Substantially the same as sections 744.503,
744.447, and 744.451, Florida Statutes, with editorial changes.
1977 Revision: Change in statutory reference in rule and in
committee note to conform to statutory renumbering.
1980 Revision: Implements 1979 amendment to section
744.447(2), Florida Statutes.
1988 Revision: Editorial changes; captions added to
subdivisions. Committee notes revised. Citation form changes in
rule and committee notes.
1989 Revision: Prior rule deleted and replaced by temporary
emergency rule.
1991 Revision: Changes to conform to 1989 revised
guardianship law.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
2006 Revision: New (a)(6) added to incorporate 2006
amendment to section 744.441, Florida Statutes. New (c)(3) added
to reflect passage of 2006 amendment to section 737.2065, Florida
Statutes. Committee notes revised.
2007 Revision: Committee notes revised.
2008 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
2020 Revision: Subdivision (a)(2) is created to address section
744.441(2), Florida Statutes, and the contents of a petition for court
approval for a guardian to sign an order not to resuscitate.
Subdivision (d) is created to include the procedure for a hearing
pursuant to section 744.441(2), Florida Statutes.
2023 Revision: Subdivisions (a)(2) and (d) were deleted as
section 744.441(2), Florida Statutes was repealed. Reference to
section 744.422, Florida Statutes, was added to subdivision (a) to
address its enactment.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 736.0207, Fla. Stat. Trust contests.
§ 744.3215, Fla. Stat. Rights of persons determined
incapacitated.
§ 744.422, Fla. Stat. Petition for support for a dependent adult
child.
§ 744.441, Fla. Stat. Powers of guardian upon court approval.
§ 744.447, Fla. Stat. Petition for authorization to act.
§ 744.451, Fla. Stat. Order.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
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. 5.610 Execution by guardian.
Fla. Prob. R. 5.636 Settlement of minors’ claims.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
(a) Contents. When authorization or confirmation of any act
of the guardian is required under sections 744.422 or 744.441,
Florida Statutes, application must be made by verified petition
stating the facts showing:
(1) the expediency or necessity for the action;
(2) a description of any property involved;
(3) the price and terms of any sale, mortgage, or other
contract;
(4) whether the ward has been adjudicated
incapacitated to act with respect to the rights to be exercised;
(5) whether the action requested conforms to the
guardianship plan; and
(6) the basis for the relief sought.
(b) Notice. No notice of a petition to authorize sale of
perishable personal property or of property rapidly deteriorating is
required. Notice of a petition to perform any other act requiring a
court order must 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 must
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 must describe the property. If a sale is to be private, the order
must specify the price and the terms of the sale. If a sale is to be
public, the order must state that the sale will 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 must
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 must contain a
finding concerning the continued need for a guardian and the
extent of the need for delegation of the ward’s rights.
Committee Notes
Rule History
1975 Revision: Substantially the same as sections 744.503,
744.447, and 744.451, Florida Statutes, with editorial changes.
1977 Revision: Change in statutory reference in rule and in
committee note to conform to statutory renumbering.
1980 Revision: Implements 1979 amendment to section
744.447(2), Florida Statutes.
1988 Revision: Editorial changes; captions added to
subdivisions. Committee notes revised. Citation form changes in
rule and committee notes.
1989 Revision: Prior rule deleted and replaced by temporary
emergency rule.
1991 Revision: Changes to conform to 1989 revised
guardianship law.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
2006 Revision: New (a)(6) added to incorporate 2006
amendment to section 744.441, Florida Statutes. New (c)(3) added
to reflect passage of 2006 amendment to section 737.2065, Florida
Statutes. Committee notes revised.
2007 Revision: Committee notes revised.
2008 Revision: Committee notes revised.
2012 Revision: Committee notes revised.
2020 Revision: Subdivision (a)(2) is created to address section
744.441(2), Florida Statutes, and the contents of a petition for court
approval for a guardian to sign an order not to resuscitate.
Subdivision (d) is created to include the procedure for a hearing
pursuant to section 744.441(2), Florida Statutes.
2023 Revision: Subdivisions (a)(2) and (d) were deleted as
section 744.441(2), Florida Statutes was repealed. Reference to
section 744.422, Florida Statutes, was added to subdivision (a) to
address its enactment.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 736.0207, Fla. Stat. Trust contests.
§ 744.3215, Fla. Stat. Rights of persons determined
incapacitated.
§ 744.422, Fla. Stat. Petition for support for a dependent adult
child.
§ 744.441, Fla. Stat. Powers of guardian upon court approval.
§ 744.447, Fla. Stat. Petition for authorization to act.
§ 744.451, Fla. Stat. Order.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
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. 5.610 Execution by guardian.
Fla. Prob. R. 5.636 Settlement of minors’ claims.
Fla. Prob. R. 5.649 Guardian advocate.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.