Florida Probate Rule 5.647 - SURROGATE GUARDIAN | Syfert Law

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Florida Probate Rule 5.647

RULE 5.647. SURROGATE GUARDIAN

(a) Petition for Designation of Surrogate Guardian. A
guardian may file a petition to designate a surrogate guardian to
exercise the powers of the guardian if the guardian is unavailable to
act. The surrogate must be a professional guardian. The petition
shall state:

(1) the name and business address of the surrogate
guardian;

(2) the requested duration of the appointment; and

(3) the powers to be exercised by the surrogate
guardian.

(b) Service. The petition for appointment of a surrogate
guardian shall be served on all interested persons and the ward,
unless the ward is a minor.

(c) Oath. The surrogate guardian must file with the court an
oath swearing or affirming that the surrogate guardian will
faithfully perform the duties delegated.

(d) Termination. Prior to the expiration of the period
granted by court order, the guardian may terminate the authority of
the surrogate guardian by filing a written notice of the termination
with the court and serving it on the surrogate guardian.
Committee Notes

Rule History

2006 Revision: New rule.

2008 Revision: Committee notes revised.

Statutory References

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

§ 744.442, Fla. Stat. Delegation of authority.