RULE 5.670. TERMINATION OF GUARDIANSHIP ON CHANGE
OF DOMICILE OF RESIDENT WARD

(a) Petition for Discharge. The Florida guardian may file a
petition for discharge when the domicile of a resident ward has
changed to a foreign jurisdiction, the foreign court having
jurisdiction over the ward at the ward’s new domicile has appointed
a foreign guardian, and the foreign guardian has qualified and
posted a bond in the amount required by the foreign court.

(b) Contents of Petition. The petition for discharge shall
state:
(1) that the grounds set forth in subdivision (a) have
occurred;

(2) that the guardian has fully administered the Florida
guardianship; and

(3) the amount of compensation to be paid to the
guardian and to the attorneys, accountants, or other agents
employed by the guardian.

(c) Final Report. The Florida guardian of the property shall
file a final report showing receipts, disbursements, amounts
reserved for unpaid and anticipated costs and fees, and other
relevant financial information from the date of the previous annual
accounting, and a list of the assets to be turned over to the foreign
guardian.

(d) Notice. The Florida guardian of the property shall
publish a notice as required by law, which shall state:

(1) the name of the ward;

(2) the file number of the guardianship;

(3) the designation and address of the court;

(4) the name and address of the guardian and the
guardian’s attorney;

(5) the name and address of the foreign guardian and
the foreign guardian’s attorney, if any;

(6) the date of first publication;

(7) that a petition for discharge has been filed upon the
grounds of change of domicile of the ward;

(8) the date the guardian will apply for discharge;
(9) that the jurisdiction of the ward will be transferred
to the foreign jurisdiction;

(10) that any objection shall be in writing and shall state
with particularity each item to which the objection is directed and
the grounds on which the objection is based;

(11) that any objection to the final report or the petition
for discharge shall be filed within the later of 30 days from the date
of service of the petition for discharge or the date of first publication
of the notice; and

(12) that within 90 days after filing of the objection, a
notice of hearing thereon shall be served or the objection is
abandoned.

(e) Service. A copy of the petition for discharge and of the
notice of petition for discharge shall be served on the foreign
guardian and such other persons as the court may direct.

(f) Objections. Objections shall be in the form and be filed
within the time set forth in the notice of petition for discharge. A
copy of the objections shall be served by the objector on the Florida
guardian and the foreign guardian.

(g) Disposition of Objections. Any interested person may
set a hearing on the objections. Notice of the hearing shall be served
on the Florida guardian, the foreign guardian, and any other
interested persons. If a notice of hearing on the objections is not
served within 90 days of filing of the objections, the objections will
be deemed abandoned.

(h) Discharge. The Florida guardian may not be discharged
until all objections have been withdrawn, abandoned, or judicially
resolved. After all objections have been withdrawn, abandoned, or
judicially resolved, if the court is satisfied that the Florida guardian
has faithfully discharged the duties of the guardianship and the
interests of the ward are protected, and the Florida guardian of the
property has delivered the assets of the ward to the foreign
guardian, the court shall enter an order of discharge.

Committee Notes

Rule History

1977 Revision: Change in committee notes to conform to
statutory renumbering.

1984 Revision: Adds 30-day requirement for filing objections.
Editorial changes and committee notes revised.

1988 Revision: Editorial change in (c). First and last sentences
of (d) deleted and clarifying word added.

1989 Revision: Prior rule adopted as temporary emergency
rule.

1991 Revision: Substantial revision of entire rule to harmonize
with procedure for discharge of guardian under rule 5.680 and to
conform to section 744.524, Florida Statutes.

1992 Revision: Committee notes revised. Citation form
changes in committee notes.

2007 Revision: Subdivision (i) deleted because right of waiver
is substantive. Committee notes revised.

2008 Revision: Committee notes revised.

2012 Revision: Committee notes revised.

2016 Revision: Updated statutory references. Committee
notes revised.

Statutory References

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

§ 744.102(8), (9), Fla. Stat. Definitions.
§ 744.1096, Fla. Stat. Domicile of ward.

§ 744.1097, Fla. Stat. Venue.

§ 744.1098, Fla. Stat. Change of ward’s residence.

§ 744.524, Fla. Stat. Termination of guardianship on change of
domicile of resident ward.

§ 744.531, Fla. Stat. Order of discharge.

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.680 Termination of guardianship.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.