RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW

(a) Contents. A petition for interim judicial review shall be
verified, state the petitioner’s interest in the proceeding, state with
particularity the manner in which the guardian’s action or proposed
action does not comply with or exceeds the guardian’s authority
under the guardian plan, or state that the guardian is acting in a
manner contrary to section 744.361, Florida Statutes, and state
why the action, proposed action, or conduct of the guardian is not
in the best interest of the ward.

(b) Service. The petition shall be served by formal notice.

(c) Hearing. The petitioner or any interested person may set
the matter for hearing.

(d) Expedited Proceedings. For good cause shown, the
court may shorten the time for response to the formal notice and
may set an expedited hearing.

Committee Notes

Rule History

1991 Revision: New rule.

2000 Revision: Subdivision (d) added to permit expedited
proceedings.

2008 Revision: Committee notes revised.

2015 Revision: Subdivision (a) amended to conform to changes
in sections 744.361 and 744.3715, Florida Statutes. Citation
revised in committee notes. Committee notes revised.

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

§ 744.361, Fla. Stat. Powers and duties of guardian.

§ 744.3715, Fla. Stat. Petition for interim judicial review.