Florida Probate Rule 5.631
RULE 5.631. PETITION FOR APPROVAL BY PROFESSIONAL
GUARDIAN FOR ORDER NOT TO RESUSCITATE
OR TO WITHHOLD LIFE-PROLONGING
PROCEDURES
(a) Contents.
(1) When authorization for any act of the professional
guardian is required under section 744.4431, Florida Statutes,
application must be made by verified petition stating the facts
showing:
(A) a description of the proposed action or
decision for which court approval is sought;
(B) documentation of the authority of the
professional guardian to make health care decisions on behalf of
the ward;
(C) a statement regarding any known objections to
the relief sought;
(D) a description of the ward’s known wishes,
including all advance directives executed by the ward, or, if there is
no indication of the ward’s wishes, a description of why the relief
sought is in the best interests of the ward;
(E) a description of exigent circumstances that
exist which necessitate immediate relief; and
(F) a description of the circumstances requiring
the proposed action or decision, which must include supporting
documents that are consistent with sections 765.305, 765.401(3),
or 765.404, Florida Statutes.
(b) Notice. Notice of the petition and of any hearing must be
served on the ward, the ward’s attorney, if any, the ward’s next of
kin, and any other interested persons which includes persons who
have filed requests for notices and copies of pleadings. The
provision of notice may be waived by the court.
(c) Hearing.
(1) The court must hold a hearing if:
(A) the ward or the ward’s attorney, if any, objects
to the petition;
(B) the ward’s next of kin or an interested person
objects for any reason authorized by section 765.105(1), Florida
Statutes;
(C) the professional guardian, the ward, or the
ward’s attorney, if any, requests a hearing; or
(D) the petition has insufficient information for the
court to make a determination.
(2) On a showing a hearing is required and exigent
circumstances exist, a preliminary hearing on the petition must be
held with 72 hours of filing. At the conclusion of the hearing, the
court must rule on the petition or set it for an evidentiary hearing
within 4 days.
(d) Order.
(1) If the petition is granted, the order must describe
the permitted act and authorize the professional guardian to
perform the act.
(2) If the petition is denied, the order must state the
reasons for the denial.
Committee Notes
Rule History
2023 Revision: Rule adopted to address the enactment of
section 744.4431, Florida Statutes.
Statutory References
§ 744.4431, Fla. Stat. Guardianship power regarding life-
prolonging procedures.
Rule References
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. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
GUARDIAN FOR ORDER NOT TO RESUSCITATE
OR TO WITHHOLD LIFE-PROLONGING
PROCEDURES
(a) Contents.
(1) When authorization for any act of the professional
guardian is required under section 744.4431, Florida Statutes,
application must be made by verified petition stating the facts
showing:
(A) a description of the proposed action or
decision for which court approval is sought;
(B) documentation of the authority of the
professional guardian to make health care decisions on behalf of
the ward;
(C) a statement regarding any known objections to
the relief sought;
(D) a description of the ward’s known wishes,
including all advance directives executed by the ward, or, if there is
no indication of the ward’s wishes, a description of why the relief
sought is in the best interests of the ward;
(E) a description of exigent circumstances that
exist which necessitate immediate relief; and
(F) a description of the circumstances requiring
the proposed action or decision, which must include supporting
documents that are consistent with sections 765.305, 765.401(3),
or 765.404, Florida Statutes.
(b) Notice. Notice of the petition and of any hearing must be
served on the ward, the ward’s attorney, if any, the ward’s next of
kin, and any other interested persons which includes persons who
have filed requests for notices and copies of pleadings. The
provision of notice may be waived by the court.
(c) Hearing.
(1) The court must hold a hearing if:
(A) the ward or the ward’s attorney, if any, objects
to the petition;
(B) the ward’s next of kin or an interested person
objects for any reason authorized by section 765.105(1), Florida
Statutes;
(C) the professional guardian, the ward, or the
ward’s attorney, if any, requests a hearing; or
(D) the petition has insufficient information for the
court to make a determination.
(2) On a showing a hearing is required and exigent
circumstances exist, a preliminary hearing on the petition must be
held with 72 hours of filing. At the conclusion of the hearing, the
court must rule on the petition or set it for an evidentiary hearing
within 4 days.
(d) Order.
(1) If the petition is granted, the order must describe
the permitted act and authorize the professional guardian to
perform the act.
(2) If the petition is denied, the order must state the
reasons for the denial.
Committee Notes
Rule History
2023 Revision: Rule adopted to address the enactment of
section 744.4431, Florida Statutes.
Statutory References
§ 744.4431, Fla. Stat. Guardianship power regarding life-
prolonging procedures.
Rule References
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. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.