RULE 5.640. CONTINUANCE OF UNINCORPORATED BUSINESS
OR VENTURE OF WARD

(a) Continuance of Business. When the ward is adjudicated
incapacitated while engaged in any unincorporated business or
venture, or the court finds that a person with a developmental
disability lacks capacity to manage an unincorporated business or
venture, the court may authorize the guardian to continue the
business or venture for a reasonable time under the supervision of
the court.

(b) Petition. Before an order is made under subdivision (a),
the guardian shall file a verified petition, alleging sufficient facts to
make it appear that it is in the best interest of the ward’s estate to
continue the business or venture.

(c) Order. The order authorizing the continuance of the
business or venture may empower the guardian to make contracts
necessary to conduct the business or venture and to incur debts
and pay out money in the proper conduct of the business or
venture. The net profits only of the business or venture are to be
added to the assets of the ward’s estate.

(d) Accounts and Reports. In the conduct of the business
or venture, the guardian shall keep full and accurate accounts of all
receipts and expenditures and make reports as the court requires.

(e) Discontinuance of Business. Any person interested in
the ward’s estate may at any time petition the court for an order
requiring the guardian to discontinue and to wind up the business
or venture, and the court, after notice to the guardian, shall enter
such order thereon as is in the best interest of the ward’s estate.

Committee Notes

Rule History

1975 Revision: Implements section 744.441(16), Florida
Statutes. The rule is patterned after rule 5.350 pertaining to the
continuation of a business of a decedent by a personal
representative.

1977 Revision: No change in rule. Change in committee note
to conform to statutory renumbering.

1988 Revision: Change in title of rule; captions added to
subdivisions. Committee notes revised. Citation form changes in
committee notes.

1989 Revision: Prior rule deleted and replaced by temporary
emergency rule.

1991 Revision: Editorial changes in (a), (b), and (e).

1992 Revision: Citation form changes in committee notes.

2008 Revision: Subdivision (a) amended to include persons
with a developmental disability. Committee notes revised.

Statutory References

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

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.441(13), Fla. Stat. Powers of guardian upon court
approval.

§ 744.447, Fla. Stat. Petition for authorization to act.

Rule Reference
Fla. Prob. R. 5.350 Continuance of unincorporated business or
venture.