RULE 5.680. TERMINATION OF GUARDIANSHIP

(a) Petition for Discharge. When the ward has become sui
juris, has terminated a voluntary guardianship, has been restored
to capacity, has had all rights restored, or has died, or when the
guardian has been unable to locate the ward after diligent search,
or, for a guardian of the property, when the property subject to the
guardianship has been exhausted, the guardian shall file a petition
for discharge. A guardian of the person is discharged without
further proceeding upon filing a certified copy of the ward’s death
certificate.

(b) Contents of Petition. The petition for discharge shall
state:

(1) the reason for termination of the guardianship;
(2) that the guardian has fully administered the
guardianship; and

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

(c) Final Report. The guardian of the property shall
promptly file a final report. If the ward has died, the guardian must
file the report no later than 45 days after he or she has been served
with letters of administration, letters of curatorship, or an order of
summary administration. The report shall show receipts,
disbursements, amounts reserved for unpaid and anticipated
disbursements, costs, and fees, including the amounts set forth in
subdivision (b)(3), 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 person entitled to them.

(d) Notice. A notice shall be served stating:

(1) 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;

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

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

(e) Service. The guardian applying for discharge shall serve
a copy of the petition for discharge and final report on the ward, on
the personal representative of a deceased ward, or if there are no
assets justifying qualification of a personal representative for the
estate of a deceased ward, on the known next of kin of the deceased
ward, or such other persons as the court may direct; provided
however, that a guardian of the property who is subsequently
appointed personal representative shall serve a copy of the petition
for discharge and final report on all beneficiaries of the ward’s
estate.

(f) Objections. All persons served shall have 30 days to file
objections to the petition for discharge and final report. The
objections shall state with particularity the items to which the
objections are directed and shall state the grounds on which the
objections are based. Copies of the objections shall be served by the
objector on the guardian. Any interested person may set a hearing
on the objections. Notice of the hearing shall be served on the
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. The guardian
may not be discharged until all objections have been withdrawn,
abandoned, or judicially resolved, and the petition for discharge of
the guardian is granted by the court.

(g) Discharge. The guardian may not be discharged until all
objections are withdrawn, abandoned, or judicially resolved. After
all objections are withdrawn, abandoned, or judicially resolved, and
if it appears that the guardian has paid all amounts reserved to the
persons entitled to them and has made full and complete
distribution of the ward’s assets to the persons entitled to them and
has otherwise faithfully discharged the duties of the guardian, the
court shall grant the petition for discharge and enter an order of
discharge. If objections are filed and are not withdrawn, abandoned,
or judicially resolved, the court shall conduct a hearing in the same
manner as for a hearing on objections to annual guardianship
plans. After hearing, if the court is satisfied that the guardian has
faithfully discharged the duties of the guardianship and the
interests of the ward are protected, and the guardian has rendered
a complete and accurate final report and has delivered the assets of
the ward to the person entitled to them, the court shall enter an
order of discharge.

Committee Notes

Rule History
1975 Revision: Implements sections 744.527 and 744.531,
Florida Statutes, and also requires the guardian applying for
discharge to do so by filing a petition for discharge and provides the
procedure pertaining thereto.

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

1988 Revision: 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: Substantial revision of entire rule to harmonize
with procedure for discharge of personal representatives under
rules 5.400 and 5.401.

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

1996 Revision: Editorial changes to clarify that all anticipated
costs and fees should be shown on final report and thereafter paid
prior to transfer of assets and discharge of guardian.

2003 Revision: Subdivision (a) amended to reflect addition of
rule 5.552 dealing with voluntary guardianship of property.
Committee notes revised.

2006 Revision: Subdivision (c) amended to conform to 2006
amendments to section 744.527, Florida Statutes. Subdivision (h)
deleted as unnecessary because substantive right of waiver is
provided by section 731.302, Florida Statutes.

2008 Revision: Reference to restoration of rights added in
subdivision (a). Committee notes revised.

2012 Revision: Committee notes revised.

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

§ 744.521, Fla. Stat. Termination of guardianship.

§ 744.527, Fla. Stat. Final reports and application for
discharge; hearing.

§ 744.528, Fla. Stat. Discharge of guardian named as personal
representative.

§ 744.531, Fla. Stat. Order of discharge.

§ 744.534, Fla. Stat. Disposition of unclaimed funds held by
guardian.

Rule References

Fla. Prob. R. 5.040 Notice.

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

Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.552 Voluntary guardianship of property.

Fla. Prob. R. 5.610 Execution by guardian.

Fla. Prob. R. 5.681 Restoration of rights of person with
developmental disability.

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