Florida Probate Rule 5.681 - RESTORATION OF RIGHTS OF PERSON WITH | Syfert Law

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Florida Probate Rule 5.681

RULE 5.681. RESTORATION OF RIGHTS OF PERSON WITH
DEVELOPMENTAL DISABILITY


(a) Suggestion of Restoration of Rights. A suggestion of
restoration of rights of a person with a developmental disability may
be executed by any interested person, including the person with a
developmental disability. The suggestion must contain:
(1) a statement that the person with a developmental
disability is capable of exercising some or all of the rights that were
granted to the guardian advocate;

(2) if other assistance, including supported
decisionmaking agreements, is an alternative to the continued
appointment of a guardian advocate;

(3) evidentiary support for the filing as provided by law;
and

(4) the name and address of the attorney representing
the person with a developmental disability, if any, known to the
petitioner.

(b) Counsel. Within 3 days after the suggestion has been
filed, the court must appoint an attorney to represent a person with
a developmental disability who is not then represented by counsel
as stated in the suggestion.

(c) Notice. On filing of the suggestion, if the name and
address of the attorney representing the person with a
developmental disability is listed in the suggestion, or on the
appointment of counsel, if no name and address of an attorney are
listed in the suggestion, the clerk must immediately send notice of
the filing of the suggestion, together with the suggestion, to the
person with a developmental disability, the person’s guardian
advocate, the person’s attorney, the attorney for the guardian
advocate, if any, and any other interested person as directed by the
court. The notice must contain a statement that all objections to the
suggestion must be filed within 20 days after service of the notice.
Formal notice must be served on the guardian advocate. Informal
notice may be served on the other persons. Notice need not be
served on the petitioner. The clerk must file proof of service.

(d) Objections. Any objection must be in writing and must
state with particularity each item to which the objection is directed
and the grounds on which the objection is based. The objector must
serve notice of hearing on the objection and the objection on the
person with the developmental disability, the person’s attorney, the
person’s guardian advocate, the attorney for the guardian advocate,
if any, the next of kin of the person with a developmental disability,
and any other interested persons as directed by the court.

(e) Order. The court must enter an order denying the
suggestion or restoring all or some of the rights that were granted to
the guardian advocate. If only some rights are restored to the
person with a developmental disability, the order must state which
rights are restored and amend the letters of guardian advocacy
accordingly. The court need not hold a hearing before entering an
order restoring rights if no objections are filed and the court is
satisfied with the evidentiary support for restoration supplied by the
petitioner.

(f) Additional Requirements. If personal rights are
restored, the guardian advocate must file an amended plan within
60 days after the order restoring rights. If all property rights are
restored, a guardian advocate previously granted management or
control over property must file a final accounting within 60 days
after the order restoring rights. Any amended plan and accounting
must be promptly served on the person with a developmental
disability and the person’s attorney.

Committee Notes

Rule History

2008 Revision: New rule.

2013 Revision: Substantial revisions to reflect the designation
of the pleading as a Suggestion of Restoration of Rights; the
requirement for a statement of evidentiary support, the
identification and address of the attorney for the person with a
developmental disability; procedures for service of objections;
clarification of requirements following a restoration of rights; and
editorial changes. Editorial changes to conform to the court’s
guidelines for rule submissions as set forth in AOSC06-14.
2019 Revision: Committee notes updated to reflect the
legislative amendments to chapter 709, Florida Statutes.

2024 Revision: Subdivision (a)(2) amended, and subdivision
(a)(4) added to reflect the legislative change to section 744.464,
Florida Statutes, for the restoration of rights. Committee notes
revised.

Statutory References

§ 393.063(9), Fla. Stat. Definitions.

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

§§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney
Act.

§ 709.2209, Fla. Stat. Supported decisionmaking agreements.

§ 744.464, Fla. Stat. Restoration to capacity.

§ 765.101, Fla. Stat. Definitions.

§ 765.104, Fla. Stat. Amendment or revocation.

§ 765.202, Fla. Stat. Designation of a health care surrogate.

§ 765.204, Fla. Stat. Capacity of principal; procedure.

§ 765.205(3), Fla. Stat. Responsibility of the surrogate.

§ 765.302, Fla. Stat. Procedure for making a living will; notice
to physician.

§ 765.401, Fla. Stat. The proxy.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.540 Hearings.
Fla. Prob. R. 5.541 Recording of hearings.

Fla. Prob. R. 5.680 Termination of guardianship.