RULE 5.685. DETERMINATION REGARDING ALTERNATIVES
TO GUARDIANSHIP

(a) Reporting by Guardian. The guardian shall promptly file
a report attaching a copy of a final order or judgment that
determines the validity of a ward’s durable power of attorney, trust,
or trust amendment.

(b) Petition. At any time after the appointment of a
guardian, the guardian, the ward, the ward’s attorney, if any, or any
other interested person may file a verified petition stating that there
is an alternative to guardianship that will sufficiently address the
problems of the ward.

(c) Contents of Petition. The petition to determine
alternatives to guardianship shall state:

(1) the petitioner’s interest in the proceeding; and

(2) the facts constituting the basis for the relief sought
and that the proposed alternative to guardianship will sufficiently
address the problems of the ward and is in the ward’s best interest.

(d) Service. The petition shall be served on the guardian, the
ward, the ward’s attorney, if any, those interested persons who have
filed requests for notices and copies of pleadings, and such other
persons as the court may direct.

(e) Order. The order shall specify whether there is an
alternative to guardianship that will sufficiently address the
problems of the ward, the continued need for a guardian, and the
extent of the need for delegation of the ward’s rights.

Committee Notes

Rule History
2006 Revision: New rule.

Statutory References

§ 744.331, Fla. Stat. Procedures to determine incapacity.

§ 744.462, Fla. Stat. Determination regarding alternatives to
guardianship.