RULE 5.646. STANDBY GUARDIANS

(a) Petition for Appointment of Standby Guardian for
Minor.

(1) Contents. A minor’s guardian or the natural
guardians of a minor may petition for the appointment of a standby
guardian of the person or property of the minor. The petition shall
be verified by the petitioner and shall state:

(A) the facts to establish venue;

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

(C) the name, age, and residence and post office
address of the minor;

(D) the names and addresses of the parents of the
minor and, if none, the next of kin known to the petitioner;
(E) the name and residence and post office
address of the proposed standby guardian, and that the proposed
standby guardian is qualified to serve;

(F) the proposed standby guardian’s relationship
to and any previous association with the minor;

(G) the reasons why the proposed standby
guardian should be appointed; and

(H) the nature and value of the property subject to
the guardianship.

(2) Notice and Waiver of Notice. Notice of the hearing on
the petition must be served on the parents, natural or adoptive, of
the minor and on any guardian for the minor. Notice may be waived
by those required to receive notice or by the court for good cause.

(b) Petition for Appointment of Standby Guardian for
Incapacitated Person.

(1) Contents. A currently serving guardian may petition
for the appointment of a standby guardian of the person or property
of an incapacitated person. The petition shall be verified by the
petitioner and shall state:

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

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

(C) the nature of the incapacity, the extent of
guardianship, either limited or plenary, and the nature and value of
property subject to the guardianship;

(D) the names and addresses of the next of kin of
the incapacitated person known to the petitioner;
(E) the name and residence and post office
address of the proposed standby guardian, and that the proposed
standby guardian is qualified to serve;

(F) the proposed standby guardian’s relationship
to and any previous association with the incapacitated person; and

(G) the reasons why the proposed standby
guardian should be appointed.

(2) Notice. Notice of the hearing on the petition must be
served on the incapacitated person’s next of kin.

(c) Petition for Confirmation.

(1) Contents. A standby guardian, not later than 20
days after the assumption of duties as guardian, shall petition for
confirmation of appointment. The petition shall be verified by the
petitioner and shall state:

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

(B) the name, age, and residence and post office
address of the adult incapacitated person or initials, year of birth,
and residence address of minor;

(C) the nature of the incapacity, the extent of
guardianship, either limited or plenary, and the nature and value of
property subject to the guardianship;

(D) the names and addresses of the next of kin of
the incapacitated person or minor known to the petitioner;

(E) the name and residence and post office
address of the proposed guardian, and that the proposed guardian
is qualified to serve;

(F) the proposed guardian’s relationship to and
any previous association with the incapacitated person or minor;
(G) the reasons why appointment of the proposed
guardian should be confirmed; and

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

(2) Service. The petition for confirmation and notice of
hearing shall be served on the incapacitated person’s next of kin a
reasonable time before the hearing on the petition or other pleading
seeking confirmation of the guardian.

Committee Notes

The standby guardian must file an oath pursuant to rule
5.600 before commencing the exercise of authority as guardian.
Prior to appointment, the standby guardian must file an application
pursuant to rule 5.590.

Section 393.12(10), Florida Statutes, provides that a guardian
advocate shall have all of the duties, responsibilities, and powers of
a guardian under Chapter 744, Florida Statutes. However, section
744.304 authorizes the appointment of a standby guardian only for
a minor or incapacitated person.

Rule History

2006 Revision: New rule.

2008 Revision: Committee notes revised.

2014 Revision: Subdivision (c)(1)(B) amended to conform to
Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.

2016 Revision: Subdivision (c)(1)(H) amended to reflect the
renumbering of section 744.1083 to section 744.2002, Florida
Statutes. Committee notes revised.

Statutory Reference
§ 744.304, Fla. Stat. Standby guardianship.

Rule References

Fla. Prob. R. 5.590 Application for appointment as guardian;
disclosure statement; filing.

Fla. Prob. R. 5.600 Oath.

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