RULE 5.635. PETITION FOR EXTRAORDINARY AUTHORITY

(a) Contents. When authorization for extraordinary
authority is sought as permitted by law, application shall be made
by verified petition stating:

(1) the petitioner’s interest in the proceeding;

(2) the specific authority requested; and

(3) the facts constituting the basis for the relief sought
and that the authority being requested is in the best interest of the
ward.

(b) Notice.

(1) The petition shall be served by formal notice. For
good cause shown, the court may shorten the time for response to
the formal notice and may set an expedited hearing.

(2) The petition shall be served on the guardian of the
person, if the guardian is not the petitioner, the ward, the next of
kin, if any, those interested persons who have filed requests for
notices and copies of pleadings, and such other persons as the
court may direct.

(c) Hearing. The hearing shall be at a time and place that
will enable the ward to express the ward’s views to the court.
Committee Notes

Rule History

1991 Revision: New rule.

1992 Revision: Committee notes revised.

2008 Revision: Committee notes revised.

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.

§ 744.3215(4), Fla. Stat. Rights of persons determined
incapacitated.

§ 744.3725, Fla. Stat. Procedure for extraordinary authority.