Florida Probate Rule 5.690
RULE 5.690. INITIAL GUARDIANSHIP REPORT
(a) Contents and Filing. An initial guardianship report shall
be filed within 60 days after the issuance of letters of guardianship.
The guardian of the property shall file the initial guardianship
report consisting of the verified inventory. The guardian of the
person shall file the initial guardianship report consisting of the
guardianship plan.
(b) Service. Copies of the initial guardianship report shall be
served on the ward, unless the ward is a minor under the age of 14
years or is totally incapacitated, and the attorney for the ward, if
any. With approval of the court, service on the ward may be
accomplished by serving the attorney for the ward.
Committee Notes
The committee recognizes the conflict between this rule and
section 744.362, Florida Statutes, which requires the filing of the
initial guardianship report (which includes the inventory) within 60
days after appointment. The committee believes this provision,
which attempts to regulate when a document must be filed with the
court, is procedural and that a guardian may not receive letters of
guardianship empowering the guardian to act contemporaneously
with the appointment. Therefore, the issuance of letters is a more
practical time from which to measure the beginning of the time
period for the accomplishment of this act.
In the event the guardian of the property and the guardian of
the person are not the same entity or person, they shall make a
good faith effort to jointly file the initial guardianship report.
Rule History
1991 Revision: New rule.
1992 Revision: Addition of phrase in subdivision (b) to conform
to 1992 amendment to section 744.362(1), Florida Statutes.
Citation form changes in committee notes.
2012 Revision: Committee notes revised.
2016 Revision: Committee notes revised.
Statutory References
§ 744.362, Fla. Stat. Initial guardianship report.
§ 744.363, Fla. Stat. Initial guardianship plan.
§ 744.365, Fla. Stat. Verified inventory.
§ 744.3701, Fla. Stat. Inspection of report.
§ 744.384, Fla. Stat. Subsequently discovered or acquired
property.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.620 Inventory.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
(a) Contents and Filing. An initial guardianship report shall
be filed within 60 days after the issuance of letters of guardianship.
The guardian of the property shall file the initial guardianship
report consisting of the verified inventory. The guardian of the
person shall file the initial guardianship report consisting of the
guardianship plan.
(b) Service. Copies of the initial guardianship report shall be
served on the ward, unless the ward is a minor under the age of 14
years or is totally incapacitated, and the attorney for the ward, if
any. With approval of the court, service on the ward may be
accomplished by serving the attorney for the ward.
Committee Notes
The committee recognizes the conflict between this rule and
section 744.362, Florida Statutes, which requires the filing of the
initial guardianship report (which includes the inventory) within 60
days after appointment. The committee believes this provision,
which attempts to regulate when a document must be filed with the
court, is procedural and that a guardian may not receive letters of
guardianship empowering the guardian to act contemporaneously
with the appointment. Therefore, the issuance of letters is a more
practical time from which to measure the beginning of the time
period for the accomplishment of this act.
In the event the guardian of the property and the guardian of
the person are not the same entity or person, they shall make a
good faith effort to jointly file the initial guardianship report.
Rule History
1991 Revision: New rule.
1992 Revision: Addition of phrase in subdivision (b) to conform
to 1992 amendment to section 744.362(1), Florida Statutes.
Citation form changes in committee notes.
2012 Revision: Committee notes revised.
2016 Revision: Committee notes revised.
Statutory References
§ 744.362, Fla. Stat. Initial guardianship report.
§ 744.363, Fla. Stat. Initial guardianship plan.
§ 744.365, Fla. Stat. Verified inventory.
§ 744.3701, Fla. Stat. Inspection of report.
§ 744.384, Fla. Stat. Subsequently discovered or acquired
property.
Rule References
Fla. Prob. R. 5.020 Pleadings; verification; motions.
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.
Fla. Prob. R. 5.180 Waiver and consent.
Fla. Prob. R. 5.610 Execution by guardian.
Fla. Prob. R. 5.620 Inventory.
Fla. Prob. R. 5.700 Objection to guardianship reports.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.