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Florida Statute 393.12 - Full Text and Legal Analysis
Florida Statute 393.12 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 393
DEVELOPMENTAL DISABILITIES
View Entire Chapter
393.12 Capacity; appointment of guardian advocate.—
(1) CAPACITY.—
(a) A person with a developmental disability may not be presumed incapacitated solely by reason of his or her acceptance in nonresidential services or admission to residential care and may not be denied the full exercise of all legal rights guaranteed to citizens of this state and of the United States.
(b) The determination of incapacity of a person with a developmental disability and the appointment of a guardian must be conducted in a separate proceeding according to the procedures and requirements of chapter 744 and the Florida Probate Rules.
(2) APPOINTMENT OF A GUARDIAN ADVOCATE.—
(a) A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities, if the person lacks the decisionmaking ability to do some, but not all, of the decisionmaking tasks necessary to care for his or her person or property or if the person has voluntarily petitioned for the appointment of a guardian advocate. In determining whether to appoint a guardian advocate, the court shall consider the person’s unique needs and abilities, including, but not limited to, the person’s ability to independently exercise his or her rights with appropriate assistance, and may only delegate decisionmaking tasks that the person lacks the decisionmaking ability to exercise. Except as otherwise specified, the proceeding shall be governed by the Florida Rules of Probate Procedure.
(b) A person who is being considered for appointment or is appointed as a guardian advocate is not required to be represented by an attorney unless required by the court or if the guardian advocate is delegated any rights regarding property other than the right to be the representative payee for government benefits or to receive periodic payments for the support, care, maintenance, education, or other needs of the person with a developmental disability pursuant to s. 61.1255. This paragraph applies only to proceedings relating to the appointment of a guardian advocate and the court’s supervision of a guardian advocate and is not an exercise of the Legislature’s authority under s. 2(a), Art. V of the State Constitution.
(c) If a petition is filed pursuant to this section requesting appointment of a guardian advocate for a minor who is the subject of any proceeding under chapter 39, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings pursuant to this section when the minor reaches the age of 17 years and 6 months or anytime thereafter. The minor shall be provided all the due process rights conferred upon an alleged developmentally disabled adult pursuant to this chapter. The order of appointment of a guardian advocate under this section shall issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this paragraph shall be conducted separately from any other proceeding.
(3) PETITION.—
(a) A petition to appoint a guardian advocate for a person with a developmental disability may be executed by an adult person who is a resident of this state. The petition must be verified and must:
1. State the name, age, and present address of the petitioner and his or her relationship to the person with a developmental disability;
2. State the name, age, county of residence, and present address of the person with a developmental disability;
3. Allege that the petitioner believes that the person needs a guardian advocate and specify the factual information on which such belief is based;
4. Specify the exact areas in which the person lacks the decisionmaking ability to make informed decisions about his or her care and treatment services or to meet the essential requirements for his or her physical health or safety;
5. Specify the legal disabilities to which the person is subject;
6. Identify any other type of guardian advocacy or alternatives to guardian advocacy that the person has designated, is in currently, or has been in previously and the reasons why alternatives to guardian advocacy are insufficient to meet the needs of the person;
7. State whether the person uses assistance to exercise his or her rights, including, but not limited to, supported decisionmaking, and, if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights; and
8. State the name of the proposed guardian advocate, the relationship of that person to the person with a developmental disability; the relationship that the proposed guardian advocate had or has with a provider of health care services, residential services, or other services to the person with a developmental disability; and the reason why this person should be appointed. The petition must also state if a willing and qualified guardian advocate cannot be located.
(b) A petition to appoint a guardian advocate may include a request for the authority to bring a civil action in circuit court to establish periodic payments from either or both parents of the person with a developmental disability for the support, care, maintenance, education, or other needs of that person pursuant to s. 61.1255. This section may not be construed to confer any obligation or duty for a guardian advocate to pursue support for the person with a developmental disability.
(4) NOTICE.—
(a) Notice of the filing of the petition must be given to the person with a developmental disability, verbally and in writing in the language of the person and in English. Notice must also be given to the next of kin of the person with a developmental disability as defined in chapter 744, a health care surrogate designated pursuant to an advance directive under chapter 765, an agent under a durable power of attorney, and such other persons as the court may direct. A copy of the petition to appoint a guardian advocate must be served with the notice.
(b) The notice must state that a hearing will be held to inquire into the capacity of the person with a developmental disability to exercise the rights enumerated in the petition. The notice must also state the date of the hearing on the petition.
(c) The notice shall state that the person with a developmental disability has the right to be represented by counsel of his or her own choice and the court shall initially appoint counsel.
(5) COUNSEL.—Within 3 days after a petition has been filed, the court shall appoint an attorney to represent a person with a developmental disability who is the subject of a petition to appoint a guardian advocate. The person with a developmental disability may substitute his or her own attorney for the attorney appointed by the court.
(a) The court shall initially appoint a private attorney who shall be selected from the attorney registry compiled pursuant to s. 27.40. Such attorney must have completed a minimum of 8 hours of education in guardianship. The court may waive this requirement for an attorney who has served as a court-appointed attorney in guardian advocate proceedings or as an attorney of record for guardian advocates for at least 3 years. This education requirement does not apply to a court-appointed attorney who is employed by an office of criminal conflict and civil regional counsel.
(b) An attorney representing a person with a developmental disability may not also serve as the guardian advocate of the person, as counsel for the guardian advocate, or as counsel for the person petitioning for the appointment of a guardian advocate.
(6) HEARING.—
(a) Upon the filing of the petition to appoint a guardian advocate, the court shall set a date for holding a hearing on the petition. The hearing must be held as soon as practicable after the petition is filed, but reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses may be granted.
(b) The hearing must be held at the time and place specified in the notice of hearing and must be conducted in a manner consistent with due process.
(c) The person with a developmental disability has the right to be present at the hearing and shall be present unless good cause to exclude the individual can be shown. The person has the right to remain silent, to present evidence, to call and cross-examine witnesses, and to have the hearing open or closed, as the person may choose.
(d) At the hearing, the court shall receive and consider all reports relevant to the person’s disability, including, but not limited to, the person’s current individual family or individual support plan, the individual education plan, and other professional reports documenting the condition and needs of the person.
(e) The Florida Evidence Code, chapter 90, applies at the hearing. The burden of proof must be by clear and convincing evidence.
(7) ADVANCE DIRECTIVES FOR HEALTH CARE AND DURABLE POWER OF ATTORNEY.—In each proceeding in which a guardian advocate is appointed under this section, the court shall determine whether the person with a developmental disability has executed any valid advance directive under chapter 765 or a durable power of attorney under chapter 709.
(a) If the person with a developmental disability has executed an advance directive or durable power of attorney, the court must consider and find whether the documents will sufficiently address the needs of the person with a developmental disability for whom the guardian advocate is sought. A guardian advocate may not be appointed if the court finds that the advance directive or durable power of attorney provides an alternative to the appointment of a guardian advocate which will sufficiently address the needs of the person with a developmental disability.
(b) If an interested person seeks to contest an advance directive or durable power of attorney executed by a person with a developmental disability, the interested person shall file a verified statement. The verified statement shall include the factual basis for the belief that the advance directive or durable power of attorney is invalid or does not sufficiently address the needs of the person for whom a guardian advocate is sought or that the person with authority under the advance directive or durable power of attorney is abusing his or her power.
(c) If an advance directive exists, the court shall specify in its order and letters of guardian advocacy what authority, if any, the guardian advocate shall exercise over the person’s health care surrogate. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the health care surrogate and any other appropriate parties, modify or revoke the authority of the health care surrogate to make health care decisions for the person with a developmental disability. For purposes of this section, the term “health care decision” has the same meaning as in s. 765.101.
(d) If any durable power of attorney exists, the court shall specify in its order and letters of guardian advocacy what powers of the agent, if any, are suspended and granted to the guardian advocate. The court, however, may not suspend any powers of the agent unless the court determines the durable power of attorney is invalid or there is an abuse by the agent of the powers granted.
(8) COURT ORDER.—If the court finds the person with a developmental disability requires the appointment of a guardian advocate, the court shall enter a written order appointing the guardian advocate and containing the findings of facts and conclusions of law on which the court made its decision, including:
(a) The nature and scope of the person’s lack of decisionmaking ability;
(b) The exact areas in which the individual lacks decisionmaking ability to make informed decisions about care and treatment services or to meet the essential requirements for his or her physical health and safety;
(c) The specific legal disabilities to which the person with a developmental disability is subject;
(d) The identity of existing alternatives and a finding as to the validity or sufficiency of such alternatives to alleviate the need for the appointment of a guardian advocate;
(e) The name of the person selected as guardian advocate and the reasons for the court’s selection; and
(f) The powers, duties, and responsibilities of the guardian advocate, including bonding of the guardian advocate, as provided in s. 744.351.
(9) LEGAL RIGHTS.—A person with a developmental disability for whom a guardian advocate has been appointed retains all legal rights except those that have been specifically granted to the guardian advocate.
(10) POWERS AND DUTIES OF GUARDIAN ADVOCATE.—A guardian advocate for a person with a developmental disability shall be a person or corporation qualified to act as guardian, with the same powers, duties, and responsibilities required of a guardian under chapter 744 or those defined by court order under this section. However, a guardian advocate may not be required to file an annual accounting under s. 744.3678 if the court determines that the person with a developmental disability receives income only from Social Security benefits and the guardian advocate is the person’s representative payee for the benefits.
(11) COURT COSTS.—In all proceedings under this section, court costs may not be charged against the agency.
(12) SUGGESTION OF RESTORATION OF RIGHTS.—Any interested person, including the person with a developmental disability, may file a suggestion of restoration of rights with the court in which the guardian advocacy is pending. The suggestion must state that the person with a developmental disability is currently capable of exercising some or all of the rights that were delegated to the guardian advocate and provide evidentiary support for the filing of the suggestion. Evidentiary support includes, but is not limited to, a signed statement from a medical, psychological, or psychiatric practitioner by whom the person with a developmental disability was evaluated and which supports the suggestion for the restoration. If the petitioner is unable to provide evidentiary support due to the lack of access to such information or reports, the petitioner may state a good faith basis for the suggestion for the restoration of rights without attaching evidentiary support. The court shall immediately set a hearing if no evidentiary support is attached to inquire of the petitioner and guardian advocate as to the reason and enter such orders as are appropriate to secure the required documents. The person with a disability and the person’s attorney shall be provided notice of the hearing.
(a) Within 3 days after the filing of the suggestion, counsel shall be appointed for the person with a developmental disability as set forth in subsection (5).
(b) The clerk of the court shall immediately send notice of the filing of the suggestion to the person with a developmental disability, the guardian advocate, the attorney for the person with a developmental disability, the attorney for the guardian advocate, if any, and any other interested person designated by the court. Formal notice shall be served on the guardian advocate. Informal notice may be served on other persons. Notice need not be served on the person who filed the suggestion.
(c) Any objections to the suggestion must be filed within 20 days after service of the notice. If an objection is timely filed, or if the evidentiary support suggests that restoration of rights is not appropriate, the court shall set the matter for hearing. The hearing shall be conducted as set forth in s. 744.1095. The court, at the hearing, shall consider all reports and testimony relevant to the person’s decisionmaking abilities at the hearing, including, but not limited to, the person’s current individual family plan or individual support plan, the individual education plan, and other professional reports that document the condition and needs of the person.
(d) Notice of the hearing and copies of the objections shall be served upon the person with a developmental disability, the attorney for the person with a developmental disability, the guardian advocate, the attorney for the guardian advocate, the next of kin of the person with a developmental disability, and any other interested person as directed by the court.
(e) If no objections are filed and the court is satisfied with the evidentiary support for restoration, the court shall enter an order of restoration of rights which were delegated to a guardian advocate and which the person with a developmental disability may now exercise.
(f) At the conclusion of a hearing, the court shall enter an order denying the suggestion or restoring all or some of the rights that were delegated to the guardian advocate. If only some rights are restored to the person with a developmental disability, the court shall enter amended letters of guardian advocacy.
(g) If only some rights are restored to the person with a developmental disability, the order must state which rights are restored and amended letters of guardian advocacy shall be issued by the court. The guardian advocate shall amend the current plan as required under chapter 744 if personal rights are restored to the person with a developmental disability. The guardian advocate shall file a final accounting as required under chapter 744 if all property rights are restored to the person with a developmental disability. The guardian advocate must file the amended plan or final accounting within 60 days after the order restoring rights and amended letters of guardian advocacy are issued. A copy of the reports shall be served upon the person with a developmental disability and the attorney for the person with a developmental disability.
History.—s. 1, ch. 29853, 1955; s. 1, ch. 61-426; s. 26, ch. 63-559; s. 1, ch. 70-343; s. 5, ch. 73-308; s. 25, ch. 73-334; s. 4, ch. 77-335; s. 2, ch. 80-171; s. 10, ch. 88-398; s. 109, ch. 89-96; s. 15, ch. 94-154; s. 96, ch. 95-143; s. 1049, ch. 95-148; s. 8, ch. 2004-260; s. 108, ch. 2004-267; s. 1, ch. 2008-124; s. 4, ch. 2015-112; s. 9, ch. 2022-195; s. 6, ch. 2023-213; s. 1, ch. 2024-242; s. 36, ch. 2025-6.

F.S. 393.12 on Google Scholar

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Amendments to 393.12


Annotations, Discussions, Cases:

Cases Citing Statute 393.12

Total Results: 25  |  Sort by: Relevance  |  Newest First

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Crist v. Fl. Ass'n of Crim. Def. Lawyers, 978 So. 2d 134 (Fla. 2008).

Cited 36 times | Published | Supreme Court of Florida | 2008 WL 659435

...proceedings, for which constitutional principles or general law require court-appointed counsel and where general law does not already provide for the appointment of the public defender. See § 27.511(6)(a), Fla. Stat. The civil proceedings include: section 393.12 (proceedings to appoint a guardian based on mental capacity), chapter 39 (proceedings relating to children, such as abuse, protective investigations, termination of parental rights proceedings, guardian ad litem proceedings), chapter 3...
...As noted in section 27.511(6), the OCCCRC ha[ve] primary responsibility for representing persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law in civil proceedings, including, but not limited to, proceedings under s. 393.12 and chapters 39, 390, 392, 397, 415, 743, 744, and 984....
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Deen v. Wilson, 1 So. 3d 1179 (Fla. 5th DCA 2009).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2229, 2009 WL 211089

...The Petitions for Writ of Certiorari are GRANTED and the Orders of Appointment are QUASHED. ORFINGER and LAWSON, JJ., concur. NOTES [1] Effective October 1, 2007, Regional Counsel has primary responsibility for persons entitled to court-appointed counsel in civil proceedings, including proceedings under section 393.12 and Chapters 39, 390, 392, 397, 415, 743, 744, and 984, Florida Statutes....
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In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011).

Cited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

...See Amendments to the Florida Family Law Rules of Procedure (Rule 12.525), 897 So.2d 467 (Fla.2005). Editorial changes to conform to the court's guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Committee Notes revised. Statutory References § 393.12, Fla....
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Connors v. Lake Dexter Woods Homeowners Ass'n, 50 So. 3d 1212 (Fla. 2d DCA 2010).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19837, 2010 WL 5381755

...governing the neighborhood. Mr. Watson has not been declared legally incapacitated. His exact mental status is not well established in the record. However, the circuit court has declared him “a person with a developmental disability” pursuant to section 393.12(1), Florida Statutes (2008), and appointed Mr. Connors as his “guardian advocate” under section 393.12(2). Section 393.12(8) requires a court to enter a detailed order when it appoints a guardian advocate....
...; (d) The name of the person selected as guardian advocate and the reasons for the court’s selection; and (e) The powers, duties, and responsibilities of the guardian advocate, including bonding of the guardian advocate, as provided in s. 744.351. § 393.12(8)....
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In Re: Amendments to Florida Prob. Rules - 2024 Legislation (Fla. 2024).

Published | Supreme Court of Florida

§ 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...dated June 15, 2018, Focus Area 1, Recommendation 4, by requiring a statement of the petitioner’s knowledge of any preneed guardian designation. Committee notes revised. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla....
...2020 Revision: Rule was renumbered from 5.900 to 5.850 to allow forms to follow the rules set. Committee notes revised. Constitutional Reference Art. I, § 23, Fla. Const. - 11 - Statutory References § 393.12, Fla....
...Person with Developmental Disability PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON Petitioner, , files this petition pursuant to section 393.12, Florida Statutes, and Florida Probate Rule 5.649 and alleges that: 1....
...r appointment of guardian advocate of the person pursuant to subdivision (a) of this rule. FORM FOR NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON PURSUANT TO SECTION 393.12(4), FLORIDA STATUTES, AND NOTICE OF HEARING In the Circuit Court of the...
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In Re: Amendments to the Florida Prob. Rules-2018 Fast-track Report., 253 So. 3d 983 (Fla. 2018).

Published | Supreme Court of Florida

revised . Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian
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In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

...CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. APPENDIX RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS (a) — (e) [No Change] Committee Notes [No Change] Rule History 1977 Revision — 2003 Revision [No Change] *579 2010 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...mittee notes revised. Statutory References ch. 39, Fla. Stat. Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custodytime-sharing. ch. 63, Fla. Stat. Adoption. § 393.12, Fla....
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In Re Amendments to the Florida Prob. Rules, 200 So. 3d 761 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

References ch. 47, Fla. Stat. Venue. § 393.12, Fla. Stat. Capacity; appointment of guardian
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In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

support; time-sharing. ch. 63, Fla. Stat. Adoption. § 393.12, Fla. Stat. Capacity; appointment of guardian
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In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

...STANDBY GUARDIANS (a)-(c) [NO CHANGE] Committee Notes The standby guardian must file an oath pursuant to rule 5.600 before commencing the exercise of authority as guardian. Prior to appointment, the standby guardian must file an application pursuant to rule 5.590. Section 393.12(10), Florida Statutes, provides that a guardian advocate shall have all of the duties, responsibilities, and powers of a guardian under Chapter 744, Florida Statutes....
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In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

...STANDBY GUARDIANS (a)-(c) [NO CHANGE] Committee Notes The standby guardian must file an oath pursuant to rule 5.600 before commencing the exercise of authority as guardian. Prior to appointment, the standby guardian must file an application pursuant to rule 5.590. Section 393.12(10), Florida Statutes, provides that a guardian advocate shall have all of the duties, responsibilities, and powers of a guardian under Chapter 744, Florida Statutes....
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In Re Amendments to Florida Prob. Rule 5.590, 150 So. 3d 1100 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 664, 2014 Fla. LEXIS 3295, 2014 WL 5713899

...1988 Revision - 2014 Revision: [No Change] 2014 Revision: Amends subdivision (a)(1)(A) to conform to sections 744.309(3), 943.0583, and 943.0585, Florida Statutes. Committee notes revised. Statutory References § 393.063(17), Fla. Stat. Definitions. § 393.12, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...in-fact” to “agent” to be consistent with chapter 709, Florida Statutes. Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla....
... 2008 Revision – 2013 Revision [No Change] 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla....
...1991 Revision – 2008 Revision [No Change] 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. Constitutional Reference [No Change] Statutory References § 393.12, Fla....
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Sarfaty v. in Re: M.S. (Fla. 3d DCA 2017).

Published | Florida 3rd District Court of Appeal

...also addressed the alleged merits of the petition, moving beyond the four corners of the petition and its attachments. During that hearing, as here, private counsel for M.S. argued that less restrictive alternatives to guardianship should be considered—including a guardian advocate under section 393.12, Florida Statutes (2016), 6 and a petition under section 709.2116, Florida 5 The amended motion to dismiss, like the original, was joined by M.S.’s Mother and both sisters. 6 The day after the notice of appeal was filed in this...
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Katherine Howard v. Michael R. Howard, Suzanne M. Howard, & William P. Howard, 193 So. 3d 987 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 7978, 2016 WL 3002345

make the necessary findings as required by section 393.12, Florida Statutes, and remand with instructions
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Sarfaty v. in Re: M.S. (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal

considered—including a guardian advocate under section 393.12, Florida Statutes (2016), and a petition under
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In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

...2024 Revision: Subdivision (a) amended to create new subdivisions (a)(1)–(a)(13) and to include in the list of specific adversary proceedings those proceedings that contest the validity of a will. Committee notes revised. Statutory References § 393.12, Fla....
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Richard Ticktin v. Guardianship of Steven Howard Ticktin (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

...The parties are the divorced parents of two children with special needs.1 Shortly before the older child turned eighteen, the mother moved to be 1 This appeal involves only the older child. appointed the child’s guardian advocate pursuant to section 393.12, Florida Statutes (2020)....
...“Ward” is defined as “a person for whom a guardian has been appointed.” § 744.102(22), Fla. Stat. “‘Guardian advocate’ means a person appointed by a written order 6 of the court to represent a person with developmental disabilities under s. 393.12.” § 744.102(11), Fla. Stat. Section 393.12, in turn, states: A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities, if the person lacks the decisionmaking ability to do some, but not all, of the decisionmaking tasks necessary to care for his or her person . . . . § 393.12(2)(a), Fla. Stat.; see also § 744.3085, Fla. Stat. (reiterating the language in section 393.12 and stating that “courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship”). The plain language of section 744.108 makes clear that the recovery of fees applies only to guardians, not guardian advocates....
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...legislation. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e). The Committee states that the proposals are based on the Legislature's passage of chapter 2008-125, Laws of Florida, and specifically the revisions to section 393.12, Florida Statutes, "Capacity; appointment of guardian advocate." The legislation addresses various responsibilities and requirements regarding guardian advocates for persons with developmental disabilities....
...Further, the Committee proposes new rules 5.649 (Guardian Advocate), regarding the capacity and appointment of a guardian advocate, and 5.681 (Restoration of Rights of Person with Developmental Disability), establishing procedural guidelines in response to amendments to section 393.12, Florida Statutes....
...ourt. [1] It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANTERO, and BELL, JJ., concur. APPENDIX RULE 5.015. GENERAL DEFINITIONS (a) General. The definitions and rules of construction stated or referred to in sections 1.01 and 393.12, Florida Statutes, and chapters 731, 732, 733, 734, 735, 736, 738, 739, and 744, Florida Statutes, as amended from time to time, shall apply to these rules, unless otherwise defined in these rules....
...When used in these rules (1) — (3)[No Change] (4) "judge" means a judge of the circuit court, including any judge elected, appointed, substituted, or assigned to serve as judge of the court; (5) "guardian advocate" means a person appointed for a person with a developmental disability pursuant to section 393.12, Florida Statutes; (6) "guardian means" a person appointed pursuant to chapter 744, Florida Statutes, or a guardian advocate unless a rule indicates otherwise; (7) "ward" means an individual for whom a guardian is appointed....
...es effective July 1, 2007 and which replaces deleted chapter 737, and to add reference to chapter 739, Florida Statutes, which was added effective July 1, 2005. Committee notes revised. *578 2008 Revision: Subdivision (a) amended to add reference to section 393.12, Florida Statutes, which governs guardian advocates for persons with developmental disabilities....
...ship Law and these rules does not include a guardian advocate appointed for a person determined to lack capacity to consent to treatment under section 394.4598, Florida Statutes. Subdivisions (b)(5) through (b)(7) added to reflect 2008 amendments to section 393.12, Florida Statutes. Committee notes revised. Statutory References § 1.01, Fla. Stat. Definitions. § 393.063, Fla. Stat. Definitions. § 393.12, Fla....
...Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...2001 Revision: Change in (a) to add determination of amount of elective share and contribution as specific adversary proceedings. Committee notes revised. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...2005 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Subdivision (a) amended to reflect that a guardian advocate may not be required to be represented by an attorney in some instances. Committee notes revised. Statutory References § 393.12, Fla....
...2008 Revision: Subdivision (a)(3)(A)(iii) revised to include "person with a developmental disability." Committee notes revised. Statutory References § 1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 393.12, Fla....
...2008 Revision: Committee notes revised. Statutory References ch. 39, Fla. Stat. Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; custody. ch. 63, Fla. Stat. Adoption. § 393.12, Fla....
...2005 Revision: Subdivision (d) amended to clarify exception to mailing rule for service of formal notice and service in the manner provided for service of formal notice. Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Change in (b) to add reference to guardian advocate. Committee notes revised. Statutory References ch. 47, Fla. Stat. Venue. § 393.12, Fla....
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Subdivisions (a), (b), (c), and (d) amended to include persons with a developmental disability. Committee notes revised. Statutory References § 393.12, Fla....
...Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish contempts. § 38.23, Fla. Stat. Contempts defined. § 393.12(2)(h), Fla....
...Fla. Prob. R. 5.695 Annual guardianship report. *590 Fla. Prob. R. 5.696 Annual accounting. Fla. Prob. R. 5.697 Magistrates review of guardianship accountings and plans. RULE 5.540. HEARINGS (a) Application. All hearings under chapter 744 and under section 393.12, Florida Statutes, shall be open unless the alleged incapacitated person, or adjudicated ward, or person alleged to have a developmental disability elects to have the hearing closed....
...time by oral or written election. Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Subdivision (a) amended to include persons with a developmental disability. Committee notes revised. Statutory References § 393.12, Fla....
...1992 Revision: Editorial changes. Committee notes revised. Citation form change in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: New subdivision (e) added for proceedings involving guardian advocates. Committee notes revised. Statutory References § 393.12, Fla....
...Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.063(17), Fla. Stat. Definitions. § 393.12, Fla....
...1991 Revision: Permits oath to be incorporated in application for appointment of guardian, adds reference to temporary emergency guardian, and makes editorial change. 1992 Revision: Editorial changes. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...1991 Revision: Changes to conform to 1989 and 1990 revisions to guardianship law. Adds additional documents to be signed by the guardian. Statutory references added. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...t. 1992 Revision: Citation form changes in committee notes. 2005 Revision: Editorial changes in (d). 2007 Revision: Committee notes revised. 2008 Revision: Adds reference to guardian advocate in new (e). Committee notes revised. Statutory References § 393.12, Fla....
...(b) — (c) [No Change] Committee Notes Rule History 2005 Revision: New rule. 2006 Revision: Subdivision (a) amended to conform to 2006 amendment to section 744.3145(4), Florida Statutes. 2008 Revision: Adds reference in (a) to guardian advocacy. Committee notes revised. Statutory References § 393.12, Fla....
...2006 Revision: New (a)(6) added to incorporate 2006 amendment to section 744.441, Florida Statutes. New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...5.649 Guardian advocate. RULE 5.635. PETITION FOR EXTRAORDINARY AUTHORITY (a) — (c) [No Change] Committee Notes Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...1991 Revision: Editorial changes in (a), (b), and (e). 1992 Revision: Citation form changes in committee notes. 2008 Revision: Subdivision (a) amended to include persons with a developmental disability. Committee notes revised. Statutory References § 393.12, Fla....
...STANDBY GUARDIANS (a) — (c) [No Change] Committee Notes The standby guardian must file an oath pursuant to rule 5.600 before commencing the exercise of authority as guardian. Prior to appointment, the standby guardian must file an application pursuant to rule 5.590. Section 393.12(10), Florida Statutes, provides that a guardian advocate shall have all of the duties, responsibilities, and powers of a guardian under Chapter 744, Florida Statutes....
...5.590 Application for appointment as guardian; disclosure statement; filing. Fla. Prob. R. 5.600 Oath. RULE 5.647. SURROGATE GUARDIAN (a) — (d) [No Change] Committee Notes Rule History 2006 Revision: New rule. 2008 Revision. Committee notes revised. Statutory References § 393.12, Fla....
...d (8) the powers, duties, and responsibilities of the guardian advocate, including bonding of the guardian advocate as provided by law. Committee Notes Rule History 2008 Revision: New rule. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla....
...Citation form changes in committee notes. 2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Subsequent subdivisions relettered. 2008 Revision: Subdivision (k) added to include guardian advocates. Committee notes revised. Statutory References § 393.12, Fla....
...1992 Revision: Citation form changes in committee notes. 2006 Revision: Requirement in (b) to serve minors deleted to conform to 2006 amendment to section 744.511, Florida Statutes. 2008 Revision: Subdivision (e) added to include guardian advocates. Committee notes revised. Statutory References § 393.12, Fla....
...s. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...s. 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. Statutory References § 393.12, Fla....
...lan. A copy of the amended plan and accounting shall be served on the person with a developmental disability and the person's attorney. Committee Notes Rule History 2008 Revision: New rule. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Revised to conform with new statutory requirements. 1992 Revision: Citation form changes in committee notes. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW (a)—(d) [No Change] Committee Notes Rule History 1991 Revision: New rule. 2000 Revision: Subdivision (d) added to permit expedited proceedings. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla....
...ersons as the court may determine. Committee Notes This rule applies to the non-emergency appointment of court monitors. Rule History 2006 Revision: New rule. 2008 Revision: Editorial change in (d). Committee notes revised. *603 Statutory References § 393.12, Fla....
...§ 744.107, Fla. Stat. Court monitors. § 744.3701, Fla. Stat. Inspection of report. RULE 5.725. EMERGENCY COURT MONITOR (a)—(f) [No Change] Committee Notes Rule History 2006 Revision: New rule. 2008 Revision: Committee notes revised. Statutory references § 393.12, Fla....
...d that the patient should receive notice of the petition and hearing. Committee notes revised. Citation form changes in committee notes. 2008 Revision: Committee notes revised. Constitutional Reference Art. I, § 23, Fla. Const. Statutory References § 393.12, Fla....
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Henriette LaFrance v. Guardian Advocacy of Jayden Emile (Fla. 4th DCA 2025).

Published | Florida 4th District Court of Appeal

...Appellant further argued that the trial court had discretion to appoint her as guardian advocate. The trial court entered an order denying appellant’s amended application for appointment as guardian advocate, stating: Florida Statute § 393.12(1)(b) provides that “the determination of incapacity of a person with a developmental disability and the appointment of a guardian must be conducted in a separate proceeding according to the procedures and requirements of chapter 744 and the Florida Probate Rules.” Emphasis added Although Florida Statute § 393.12 does not specifically provide qualifications or disqualifications for Guardian Advocates, the Court finds that the plain language of the Statute provides that the procedures and requirements of Chapter 744 shall govern the proceedings of Guardian Advocates as it does Guardians. In fact, Section 393.12 utilizes the word “Guardian,” interchangeably, in the Guardian Advocate statute, as reflected above in subsection (l)(b). As such the requirements and disqualifications that are not specifically addressed in Section 393.12 are addressed in Chapter 744....
...appointment as guardian advocate based on her prior felony conviction. Although the trial court found that the guardian advocate statute “does not specifically provide qualifications or disqualifications for Guardian Advocates,” the guardian advocate statute, specifically section 393.12(10), Florida Statutes (2023), does in fact address this very issue. Section 393.12, Florida Statutes (2023), the guardian advocate statute, references the guardianship laws in chapter 744 multiple times. Significant to the issue in this case, the guardian advocate statute states: “A guardian advocate for a person with a developmental disability shall be a person or corporation qualified to act as guardian, with the same powers, duties, and responsibilities required of a guardian under chapter 744 or those defined by court order under this section.” § 393.12(10), Fla....
...It does not direct the court to weigh the felony conviction against other factors and determine whether the court, in its discretion, deems the party disqualified . . . .” 368 So. 3d at 1063. 2 In summary, we affirm because the clear and unambiguous language in sections 393.12(10) and 744.309(3) disqualifies appellant from acting as guardian advocate based on her prior felony conviction. Affirmed. GROSS and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 393.12(10) of the guardian advocate statute expressly references guardianship law by stating that “[a] guardian advocate ....
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In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...2020: Revision: Subdivision (b)(1) amended to reference electronic original documents consistent with section 732.526, Florida Statutes. Committee notes revised. Statutory References § 1.01, Fla. Stat. Definitions. § 393.063, Fla. Stat. Definitions. § 393.12, Fla....
...2014 Revision: Amends subdivision (b)(1) to conform to Fla. R. Jud. Admin.Florida Rule of Judicial Administration 2.425. Committee notes revised. 2020 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 393.12, Fla....
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McGathey v. Gore, Gore (Fla. 2d DCA 2024).

Published | Florida 2nd District Court of Appeal

...In late 2020, Abigail, her younger sister, Madeline, and Kimberly moved into Christine's home. In the fall of 2021, Kimberly left her daughters in Christine's care and moved away. On November 17, 2021, Brian petitioned to be appointed Abigail's guardian pursuant to section 393.12 of the Florida Statutes (2021). Christine and Madeline, now an adult, filed a competing petition. Kimberly consented to the appointment of Christine and Madeline; she objected to Brian's petition. A....
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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...in-fact” to “agent” to be consistent with chapter 709, Florida Statutes. Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla....
... 2008 Revision – 2013 Revision [No Change] 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla....
...1991 Revision – 2008 Revision [No Change] 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. Constitutional Reference [No Change] Statutory References § 393.12, Fla....
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In Re: Amendments to Florida Prob. Rules - 2023 Legislation (Fla. 2023).

Published | Supreme Court of Florida

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