Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • Promptly
Memorandum of Law
- At Least 3 Business Days Before Hearing
Notice of Cancellation of Hearing
- Promptly
Proposed Order
Communication
Phone
Clerk
Document Format Requirements1 rule
if you need additional space, please continue on separate sheet of paper
Document Filing Requirements180 rules
After completing an approved guardianship education course, the guardian shall execute an affidavit of completion for the applicable course. The affidavit of completion must be signed under oath and filed in the court file.
The affidavit form calls for the guardian to attest to completing at least four hours of approved guardianship education covering the listed subjects.
Court's wording
I AM A PARENT WHO IS THE GUARDIAN OF THE PROPERTY OF MY MINOR CHILD. I HAVE COMPLETED AN APPROVED GUARDIANSHIP EDUCATION COURSE AND RECEIVED A MINIMUM OF 4 HOURS OF INSTRUCTION AND TRAINING WHICH COVERS: 1. THE LEGAL DUTIES AND RESPONSIBILITIES OF THE GUARDIAN OF THE PROPERTY; 2. THE PREPARATION OF THE INITIAL INVENTORY AND ANNUAL GUARDIANSHIP ACCOUNTINGS FOR THE WARD’S PROPERTY; AND 3. USE OF GUARDISNSHIP ASSETS.
The affidavit form provides for the guardian’s signature and printed name and a sworn or affirmed acknowledgment signed by a notary public.
Court's wording
_________________________________ SIGNATURE OF GUARDIAN _________________________________ PRINTED NAME OF GUARDIAN SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ____ DAY OF _________________,20______, BY ________________________________ WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION ____________________________. _________________________________ SIGNATURE OF NOTARY PUBLIC
4. (If Co-Guardian Advocate/Co-Guardian, list 2nd Petitioner here. If none, write “none”)
2. (If Co-Guardian Advocacy/Co Guardian is sought, list 2nd Petitioner here. If none, write “none”)
6. The DDP’s next of kin is/are: (include names and addresses of any non-petitioning spouse, parent, and any adult siblings):
Select all applicable developmental disability conditions listed on the petition.
- Document
- Petition
Include
- •Choose all that apply
Court's wording
7. The Petitioner(s) believe that the DDP is in need of a Guardian Advocate due to his/her developmental disability which manifested itself prior to the age of eighteen (18), specifically (choose all that apply):
(If Co-Guardians, both sign)
Include
- •If Co-Guardians, both sign
After the Petition is filed, the Petitioner(s) will follow the instructions for a criminal background check using the code ORI#FL053114Z to order a copy of the results of the background check to be delivered to the Clerk of the Court.
Petitioner(s) file(s) with this Court his/her/their Application(s) for Appointment as Guardian Advocate in conjunction with this Petition.
If the DDP is indigent, an Application for Determination of Indigent Status must be filed with this Petition.
PHYSICIAN’S REPORT (Required by Florida Statues, Section 744.3675)
and the following information: (Please provide the following information regarding the Guardian Advocate)
If “yes” was answered to any of the above, please state date, time, location of treatment and name of physician or profession involved:
If yes, please provide details including date, type of offense, location and final disposition:
If yes, please give date and complete details:
If yes, please describe and state whether such disability may affect applicant’s ability, in any degree, to serve as guardian advocate:
The application asks the Applicant to answer whether they received the described training and, if so, state when and where.
Court's wording
31. Has Applicant received instruction and training which covered the legal duties and responsibilities of Guardian/ Guardian Advocate, the rights of an incapacitated person or DDP, the availability of local resources to aid a DDP, and the preparation of habitual plans and annual Guardian Advocate Reports, including financial accounting for the DDP’s property? Yes _____ No _____ If so, indicate when and where training was received:
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief. Signed on this _____ day of ___________________, 20____.
To be completed by family listed below, NOT the Petitioner
The waiver and consent form states that the signing family member acknowledges receipt of the petition, waives hearing and notice, and consents to entry of the requested order without notice or hearing.
Court's wording
The undersigned, whose complete name is:_________________________________, and who has an interest in the above Guardian Advocacy as the ☐ spouse ☐ brother ☐ sister ☐ parent ☐ child of the person with a developmental disability, acknowledges receipt of a copy of the Petition for Appointment of Guardian/Co-Guardian Advocate(s) and hereby waives hearing and notice of hearing thereon, and consents to the settlement and entry of an order granting the relief requested in the Petition without notice or hearing.
(Each Guardian Advocate must sign an Oath)
The oath designates a resident of the county where the case is filed as the Petitioner’s agent for service of process and provides for the agent’s address and phone number.
Court's wording
the Petitioner hereby designates , who is a resident of the county where this case is filed, and whose address is And whose phone number is as Petitioner’s agent for service of process in any action against the Petitioner in the Petitioner’s representative capacity, or personally, if that personal action accrued in the performance of the Petitioner’s duties.
When filing a court record, the filer must disclose whether it contains confidential information, identify the applicable confidentiality provision, and specify where the information appears.
Court's wording
Pursuant to Florida Rules of Judicial Administration 2.420(d)(2), the filer of a court record at the time of filing shall indicate whether any confidential information is included within the document being filed; identify the confidentiality provision that applies to the identified information; and identify the precise location of the confidential information within the document being filed.
1. During the period beginning ________________________, 20______ and ending ______________________, 20______, the guardian proposes the following plan for the benefit of the DDP.
If limited guardianship, check rights which were removed:
The plan describes the ward’s medical, mental, or personal care services, including regular doctors, daily-living assistance, and mental health care needs.
Court's wording
a.) Medical, mental or personal care services to be provided for the best welfare of the ward (Which doctor(s) does the ward visit regularly? What kind of assistance does the ward require for activities of daily living? Does the ward require any mental health care?):
c.) Place and kind of residential setting best suited for the needs of the ward (Please list the ward’s address, name and type of facility, if applicable, and describe why this is the best, least restrictive, living arrangement for the ward):
b.) Social and personal service to be provided for the best welfare of the ward (The guardian must detail all services provided to or for the ward, including any services provided by friends, family, paid caregivers or facility staff.):
The plan describes applicable insurance and private or governmental benefits and lists all income or benefits received by or for the ward.
Court's wording
d.) Description of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health or related services provided to the ward (list all types of income/benefits received by or for the ward, for example, Social Security, pensions, Medicare, Medicaid, etc…):
The guardian hereby attests that the guardian has consulted with the ward, and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward.
For every directive or order listed, you must also list the date the order or directive was signed, and whether such order or directive has been suspended by the court
Give a description of the steps taken to identify and locate the preexisting order not to resuscitate or advance directive.
The Initial Guardianship Plan must identify the examination providers and approximate examination dates.
Court's wording
e.) Physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs, including names of those who will provide examinations and approximate dates for examinations
The plan must state that it limits the ward’s physical liberty no more than reasonably necessary for protection and provides needed medical and mental health care.
Court's wording
This Initial Guardianship Plan does not restrict the physical liberty of the ward more than is reasonably necessary to protect the ward or others from serious physical injury, illness or disease and provides the ward with medical care and mental health treatment for the ward’s physical and mental health.
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true, to the best of my knowledge and belief.
The plan’s guardian signature block includes the signing date, signature, name, address, phone number, and email address.
- Document
- Initial guardianship plan
- Placement
- Signature block
Court's wording
Signed on________________________, 20____. Signature Name Address Phone E-mail address (Guardian)
REMEMBER CERTIFICATE OF SERVICE:
- Placement
- Certificate section
Include
- •Certificate of service
1. During the period beginning ________________________, 20______ and ending ______________________, 20______, the guardian proposes the following plan for the benefit of the DDP.
If limited guardianship, check rights which were removed:
a.) Medical, mental or personal care services to be provided for the best welfare of the ward (Which doctor(s) does the ward visit regularly? What kind of assistance does the ward require for activities of daily living? Does the ward require any mental health care?):
c.) Place and kind of residential setting best suited for the needs of the ward (Please list the ward’s address, name and type of facility, if applicable, and describe why this is the best, least restrictive, living arrangement for the ward):
b.) Social and personal service to be provided for the best welfare of the ward (The guardian must detail all services provided to or for the ward, including any services provided by friends, family, paid caregivers or facility staff.):
The plan must describe the ward’s health and accident insurance and other relevant benefits, and list all income or benefits received by or for the ward.
Court's wording
d.) Description of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health or related services provided to the ward (list all types of income/benefits received by or for the ward, for example, Social Security, pensions, Medicare, Medicaid, ect…):
The plan must state that it limits the ward’s physical liberty no more than reasonably necessary and provides needed medical and mental health care.
Court's wording
This Initial Guardianship Plan does not restrict the physical liberty of the ward more than is reasonably necessary to protect the ward or others from serious physical injury, illness or disease and provides the ward with medical care and mental health treatment for the ward’s physical and mental health.
Give a description of the steps taken to identify and locate the preexisting order not to resuscitate or advance directive.
The plan must list preexisting resuscitation orders and advance directives, including each one's signing date and whether the court suspended it.
Court's wording
List of any preexisting orders not to resuscitate executed under s. 401.45(3) or preexisting advance directives, as defined in s. 765.101. For every directive or order listed, you must also list the date the order or directive was signed, and whether such order or directive has been suspended by the court (List all advance directives signed by the ward, prior to the declaration of incapacity, the date signed, and whether any directives were ever suspended by the court):
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.
The Initial Guardianship Plan must identify the examinations, their providers, and approximate examination dates.
Court's wording
Physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs, including names of those who will provide examinations and approximate dates for examinations
The guardian must attest to consultation with the ward and to honoring and following the ward’s wishes to the stated reasonable extent.
Court's wording
The guardian hereby attests that the guardian has consulted with the ward, and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward.
REMEMBER CERTIFICATE OF SERVICE:
Include
- •Certificate of service
Attached are copies of the annual or year-end statements of all the Ward’s cash accounts from each of the institutions where the cash is deposited.
The accounting must certify that receipts or canceled checks were obtained and that substantiating papers will be preserved for three years after discharge and made available for inspection upon request.
Court's wording
The undersigned Guardian Advocate(s) certify that the Guardian Advocate(s) have obtained a receipt or canceled check for all expenditures and disbursements made on behalf of the Ward, which the Guardian Advocate(s) will preserve along with other substantiating papers for a three (3) year period after discharge of the Guardian Advocate(s), and will upon request be made available for inspection as the Court may order.
The accounting must include the guardian advocate’s declaration under penalties of perjury that it is a full and correct account and report of the Ward’s property and assets.
Court's wording
Under penalties of perjury, I declare that I have read and examined the foregoing accounting and that, to the best of my knowledge and belief, it constitutes a full and correct account of the receipts and disbursements of all of the Ward’s property over which the Guardian Advocate(s) has control, including a complete report of all cash and property transactions and of all receipts and disbursements by the Guardian Advocate(s) from ________________, and ending __________________, and a statement of the Ward’s assets at the end of the accounting period.
Plans for ensuring that the Ward is in the best residential setting to meet the Ward's needs during the coming year are as follows:
During the preceding year, the Ward was maintained at (include dates, names, addresses and length of stay at each place): LOCATION DATES LENGTH OF STAY
The Ward's address at the time of filing the plan is ________________________.
The Annual Guardianship Plan for the period beginning _______________, and ending ______________, shall be as follows:
The current residential setting is best suited for the current needs of the Ward.
The guardianship report must indicate whether the Ward has a pre-existing DNR or other advance directive and provide the applicable verification steps or directive details.
Court's wording
Pre-Existing Orders Not to Resuscitate or any other Advance Directive (Check One) (__) There are NO pre-existing orders Not to Resuscitate (a/k/a “DNR”) or any other advance directive and I have taken the following steps to verify there are none: (__) Search of ward’s prior and current residence (__) Inventory of ward’s safe deposit box (__) Interviewed family and friends (__) Requested documents from the ward’s medical providers (__) Requested documents from the ward’s attorney (__) Other: _________________________________________ (__) The ward executed the following advanced directives: (__) Order Not to Resuscitate, F.S. 401.45(3) (aka “DNR”) (__) Advanced Directive for Healthcare (including but not limited to: healthcare surrogate, living will or anatomical gift) (__) Durable Power of Attorney, F.S. Chapter 709 (__) Other: _______________________________________ Has a Court suspended or revoked the Order/Directive: (__) Yes (__) No Date of Order: _____________ entered ________________(County/State)
The following is a description of the Ward's medical, mental health and rehabilitation needs:
The following is a description of professional medical treatment given to the Ward during the preceding year (if you need additional space, please continue on separate sheet of paper):
The following is a statement of the social skills of the Ward, including how well the Ward communicates and maintains interpersonal relationships:
The guardianship report must describe the social and personal services currently used by the Ward, including names, addresses, and services rendered.
Court's wording
The following information is submitted concerning the social condition of the Ward: a. The social and personal services currently used by the Ward are as follows (if you need additional space, please continue on separate sheet of paper): NAME AND ADDRESS SERVICES RENDERED
Attached is a report of a physician who examined the Ward no more than 90 days before the beginning of the report period, containing an evaluation of the Ward's condition and a statement of the current level of capacity of the Ward.
The plan for providing medical, mental health and rehabilitative services in the coming year is as follows:
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.
The physician’s report is required and its form calls for physician and ward identification, examination and report dates, evaluations of the ward’s condition and independent-living capacity, answers about the need for a guardian and restoration to capacity, and the physician’s signature.
Court's wording
PHYSICIAN’S REPORT (Required by Florida Statues, Section 744.3675) 1. Name of Physician: _________________________ ______ ___ ________ __ Address: _________ ______ _____ ________ _ _____________________ _ ___ ____ _______________________ _____ 2. Name of ward: ______________________________ ______________ _____ 3. Date of examination: ________________ _________________________________ 4. Evaluation of ward’s condition: (Specify mental and physical condition at time of examination) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________ ____ 5. Description of ward’s capacity to live independently: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ___________ _______ 6. The ward ☐ does ☐ does not continue to need the assistance of a guardian. 7. Is the ward capable of being restored to capacity at this time? ☐ Yes ☐ No 8. Date of this report: 9. Signature of physician completing this report:
All property not in the guardian's possession as of the date of this inventory is identified by an asterisk (*) in the right margin.
Filing & Service rules
Electronic Filing Rules
The Florida E-filing Portal will allow proposed-order submissions, and its procedure will replace mailing or emailing orders once a listed county adopts portal submission.
Attorneys are further advised that the Florida E-filing Portal is being upgraded to allow for submission of proposed orders through the E-filing Portal. At such time as Polk, Hardee or Highlands County institutes use of the portal for submission of proposed orders, that procedure will supersede the process outlined herein for mailing or emailing proposed orders to the Court for that county.
Civil cases
Page 9 | 16. ORDERS
Filing Timing and Cure Windows
Petitions and orders for fees must be filed before the minor guardianship is terminated.
On the termination of minor guardianships, petitions and orders for fees are required to be filed with the Clerk prior to terminating the minor guardianship.
Civil cases
Page 8 | 13.D. Termination of Guardianship of Minors
The report generated by the appointed guardian ad litem shall be filed in advance of the hearing to approve the settlement, and the report should address liability, damages, potential additional tortfeasors, insurance policy limits, if applicable, and the reasons the proposed settlement is in the best interests of the minor.
The report generated by the appointed guardian ad litem shall be filed in advance of the hearing to approve the settlement, and the report should address liability, damages, potential additional tortfeasors, insurance policy limits, if applicable, and the reasons the proposed settlement is in the best interests of the minor.
Civil cases
Page 8 | 13.C. Guardian Ad Litem’s Analysis and Report to the Court
The Court holds a proposed order for five days for objections, and an objection with an alternate proposed order must be submitted within five days of receiving the original.
The Court will hold the proposed order for five days to give any party opposing the proposed order an opportunity to submit an objection that specifically sets forth the grounds upon which the objection is based. The objection should be accompanied by an alternate proposed order that accurately reflects the ruling of the Court. The objection and alternate proposed order must be submitted within five days of receiving the original proposed order.
Civil cases
Page 9 | 16. ORDERS
Proposed orders should be submitted to the Court within ten (10) days of the Court directing the preparation of the order.
Proposed orders should be submitted to the Court within ten (10) days of the Court directing the preparation of the order.
Civil cases
Page 9 | 16. ORDERS
A guardian of the person must file the Initial Plan within 60 days after the Letters of Guardianship are signed; its reporting period runs from that date through the last day of the anniversary month the following year.
As required by §744.362 and §744.363, Florida Statutes, and Rule 5.690, Florida Probate Rules, every Guardian of the person must file an Initial Plan within 60 days after the Letters of Guardianship are signed. The reporting period for the Initial Plan begins with the date the Letters of Guardianship were signed and ends the following year on the last day of the anniversary month in which the Letters of Guardianship were signed.
Civil cases
Page 10 | A. Initial Plan
A guardian of the person must file each Annual Plan 60 to 90 days before the current reporting period ends; the text also specifies the reporting-period end and start dates.
As required by §744.367 and §744.3675, Florida Statutes, and Rule 5.695, Florida Probate Rules, every guardian of the person must file an Annual Plan at least 60 days and no more than 90 days before the end of the current plan’s reporting period. The reporting period of all Annual Plans ends each year on the last day of the anniversary month in which the Letters of Guardianship were signed. The reporting period for the first Annual Accounting begins with the date that the Letters of Guardianship were signed, while all subsequent Annual Plans will begin on the first day of the first month following the anniversary month in which the Letters of Guardianship were signed.
Civil cases
Page 10 | B. Annual Guardianship Plan
A guardian of the property must file a Verified Inventory within 60 days after the Letters of Guardianship are signed.
In accordance with §744.362 and §744.365, Florida Statutes, and Rule 5.690, Florida Probate Rules, every Guardian of the property must file a Verified Inventory within 60 days after the Letters of Guardianship are signed.
Civil cases
Page 10 | C. Verified Inventory
The motion for an extension must be filed before the report becomes overdue.
If any report cannot be filed in accordance within the applicable statutory deadline, a motion for extension of time stating good cause for an extension must be filed before the report becomes overdue.
Civil cases
Page 10 | 18. INITIAL AND ANNUAL GUARDIANSHIP REPORTS
The first Annual Accounting period begins when the Letters of Guardianship are signed; later periods begin on the first day of the month after the anniversary month.
The reporting period for the first Annual Accounting begins with the date that the Letters of Guardianship were signed, while all subsequent Annual Accountings will begin on the first day of the first month following the anniversary month in which the Letters of Guardianship were signed.
Civil cases
Page 11 | Annual Accounting
The reporting period for each Annual Accounting ends on the last day of the month in which the Letters of Guardianship anniversary falls.
The reporting period of all Annual Accountings ends each year on the last day of the anniversary month in which the Letters of Guardianship were signed.
Civil cases
Page 11 | Annual Accounting
Guardians of property must file each Annual Accounting within 90 days after the reporting period ends, unless the Court orders otherwise.
unless otherwise ordered by the Court, every Guardian of the property must file an Annual Accounting no more than 90 days after the end of a reporting period.
Civil cases
Page 11 | Annual Accounting
Guardians must respond to requests for additional documentation within 10 business days.
promptly respond to requests for additional documentation within ten (10) business days.
Civil cases
Page 12 | Highlands County Audit Documentation Requirements
A certified copy of the Ward’s death certificate must be applied for within 15 days of death.
A certified copy of the Ward’s death certificate must be applied for within 15 days of the ward’s death and filed with the clerk upon receipt.
Civil cases
Page 14 | Death of Ward
The guardian must file a suggestion of death with the Clerk within 30 days after the Ward’s death.
Within thirty (30) days after the Ward’s death, the guardian must file a suggestion of death with the clerk.
Civil cases
Page 14 | Death of Ward
A case number must be available to the judicial assistant before the assistant generates the name of the attorney to be appointed.
Please note that the rotating system requires that the judicial assistant have a case number before generating the name of the attorney to be appointed.
Civil cases
Page 4 | APPOINTMENT OF ATTORNEY/ELISOR AND SUBSTITUTION OF COUNSEL
Counsel and pro se parties should endeavor to file with the Clerk any petition, pleading, motion, or other document to be brought before the Court before scheduling the hearing.
When any petition, pleading, motion or other document is to be brought before the Court at a hearing, counsel and pro se parties shall endeavor to file the same with the Clerk before scheduling the hearing.
Civil cases
Page 5 | HEARINGS — C. Filings Required Before Hearings
Except in extraordinary circumstances, memoranda of law are expected to be filed at least three business days before a hearing.
Likewise, except in extraordinary circumstances, counsel and pro se parties are expected to file any memoranda of law at least three (3) business days before any hearing, or alternatively provide a courtesy copy to opposing counsel, pro se parties and the Court during the same timeframe.
Civil cases
Page 5 | HEARINGS — C. Filings Required Before Hearings
Service and Proof of Service Rules
The certificate of service identifies service on the ward in a limited guardianship, the ward’s attorney, and interested persons or parties.
REMEMBER CERTIFICATE OF SERVICE: *On Ward, if a Limited Guardianship *Ward’s Attorney (usually court-appointed) *Interested Persons/Parties
Civil cases
Page 4 | Attestation, declaration, and certificate of service
The certificate of service identifies the ward when the guardianship is limited, the ward’s attorney, and interested persons or parties as service recipients.
REMEMBER CERTIFICATE OF SERVICE: *On Ward, if a Limited Guardianship *Ward’s Attorney (usually court-appointed) *Interested Persons/Parties
Civil cases
Page 4 | Initial Guardianship Plan (Guardianship Report) of Guardian of the Person
Constructive service must comply with Chapter 49, and an Affidavit of Diligent Search and Inquiry should be filed with the Clerk, preferably using Form 1.942.
Any constructive service shall be conducted in compliance with Chapter 49, Florida Statutes, and an Affidavit of Diligent Search and Inquiry, preferably as set forth in Form 1.942, Florida Rules of Civil Procedure, shall be filed with the Clerk.
Civil cases
Page 4 | SERVICE OF PROCESS AND NOTICE
Next of kin and other interested persons must be served with the petition for appointment of guardian.
Florida law requires that next of kin be identified in the petition to determine incapacity and that these individuals, along with other interested persons, be served with the petition for appointment of guardian.
Civil cases
Page 4 | SERVICE OF PROCESS AND NOTICE
A Notice of Hearing listing additional motions must be served when those motions are scheduled for the same hearing time.
Other parties may schedule additional motions during the same hearing time but only upon securing the consent of the Court and opposing counsel, and serving a Notice of Hearing listing the additional motions to be heard and stating that such consent was given.
Civil cases
Page 5 | HEARINGS — B. Noticing of Hearings
An examining committee member who files a motion to compel payment must send a copy to the petitioner, guardian, and counsel.
The examining committee member shall send a copy of the motion to the petitioner, guardian and counsel.
Civil cases
Page 6 | EXAMINING COMMITTEES FOR THE DETERMINATION OF INCAPACITY — B. Payment of Examining Committee Members
The Ward’s attorney may seek approval of attorney’s fees without a hearing after giving notice to the guardian and interested persons.
The attorney for the Ward may petition the Court for approval of attorney’s fees without hearing after notice to the guardian and interested persons.
Civil cases
Page 13 | Attorney’s Fees
Please take notice that, pursuant to the Florida Rule of Judicial Administration 2.516, the undersigned, as counsel for the proposed Guardian Advocate, hereby designates the following email addresses for service in this case. All future correspondence and pleadings should be emailed to the following addresses:
Please take notice that, pursuant to the Florida Rule of Judicial Administration 2.516, the undersigned, as counsel for the proposed Guardian Advocate, hereby designates the following email addresses for service in this case. All future correspondence and pleadings should be emailed to the following addresses:
Page 19 | DESIGNATION OF PRIMARY AND SECONDARY EMAIL ADDRESS
Petitioners must observe the applicable service and notice rules, including service within a reasonable time before a hearing is scheduled.
Petitioners are cautioned that service and notice are primarily governed by Rules 5.040 – 5.042, of the Florida Probate Rules, particularly the requirements for service within a reasonable time before scheduling a hearing.
Civil cases
Page 4 | SERVICE OF PROCESS AND NOTICE
The original motion should be sent to the Clerk of Court.
The original motion should be sent to the Clerk of Court.
Civil cases
Page 6 | EXAMINING COMMITTEES FOR THE DETERMINATION OF INCAPACITY — B. Payment of Examining Committee Members
In the event that the attorney who has been directed to prepare the order is aware that a party objects to the language of the order, the attorney should submit the proposed order with a cover letter advising the Court that there is an objection and further assuring the Court that the interested parties have been sent a copy of the cover letter and proposed order at the same time.
In the event that the attorney who has been directed to prepare the order is aware that a party objects to the language of the order, the attorney should submit the proposed order with a cover letter advising the Court that there is an objection and further assuring the Court that the interested parties have been sent a copy of the cover letter and proposed order at the same time.
Civil cases
Page 9 | 16. ORDERS
Filing Fees and Waivers
The required accounting-audit fee must be attached unless the court waives it by order.
Attached is the required fee for the auditing of this accounting (unless waived by court order).
Civil cases
Page 11 | REPORT OF GUARDIAN ADVOCACY OF PROPERTY - ACCOUNTING
Audit fees must be paid to the Clerk in accordance with the cited Florida statutes.
Audit fees must be paid to the Clerk in accordance with §744.365 and §744.3678, Florida Statutes.
Civil cases
Page 12 | Audit Fees
A request to waive the audit fee must be filed again each year when circumstances require a waiver request.
Should circumstances require a request to waive the audit fee, the request must be filed anew each year.
Civil cases
Page 12 | Audit Fees
The petition may request waiver of all case-commencement costs if the DDP is indigent and has no assets or income other than public assistance.
If the DDP is indigent and having no assets and no income other than public assistance and requests that the Court waive all costs incurred commencing this case and direct the Clerk of the Circuit Court to void all charges related to same.
Page 6 | Petition for Appointment of Guardian/Co-Guardian Advocate(s)
Courtesy Copy Requirements
A courtesy copy of the Notice of Cancellation must be promptly provided to the judge’s judicial assistant and all parties previously noticed.
and shall promptly provide a courtesy copy of such Notice of Cancellation to the judge’s judicial assistant and all parties previously noticed of the hearing.
Civil cases
Page 5 | HEARINGS — D. Cancelling a Hearing
A courtesy copy of the emergency temporary guardianship petition must promptly be provided to the probate judge.
The petition must be filed with the Clerk and a courtesy copy promptly provided to the probate judge.
Civil cases
Page 8 | 14. EMERGENCY TEMPORARY GUARDIANSHIP
The attorney submitting an order is responsible for providing sufficient hard copies of the proposed order and correctly addressed, stamped envelopes.
Additionally, the attorney who submits an order is responsible for providing a sufficient number of hard copies of the proposed order along with envelopes that have been correctly addressed and stamped.
Civil cases
Page 9 | 16. ORDERS
Instead of filing a memorandum of law, counsel or a pro se party may provide a courtesy copy to opposing counsel, pro se parties, and the Court during the same three-business-day timeframe.
or alternatively provide a courtesy copy to opposing counsel, pro se parties and the Court during the same timeframe.
Civil cases
Page 5 | HEARINGS — C. Filings Required Before Hearings
Sealing & Redaction Procedures
The clerk reviews filings identified as confidential, must notify the filer in writing within 5 days if the information is not confidential, and may not hold the records confidential for more than 10 days unless a motion is filed under Rule 2.420(d)(3).
Note: The clerk of court shall review filings identified as containing confidential information to determine whether the information is facially subject to confidentiality under the identified provision. The clerk shall notify the filer in writing within 5 days if the clerk determines that the information is NOT subject to confidentiality, and the records shall not be held as confidential for more than 10 days, unless a motion is filed pursuant to subdivision(d)(3) of Rule 2.420.
Page 17 | Notice of Confidential Filing Information
Adjournment & Extension Requirements
If a report cannot be filed by its statutory deadline, a motion stating good cause for an extension must be filed before the report becomes overdue.
If any report cannot be filed in accordance within the applicable statutory deadline, a motion for extension of time stating good cause for an extension must be filed before the report becomes overdue.
Civil cases
Page 10 | 18. INITIAL AND ANNUAL GUARDIANSHIP REPORTS
Chambers Communication Rules
If a hearing must be cancelled, the attorney who noticed it must promptly notify the judge’s judicial assistant.
If a hearing must be cancelled, the attorney noticing the hearing shall promptly notify the judge’s judicial assistant,
Civil cases
Page 5 | HEARINGS — D. Cancelling a Hearing
All hearings must be scheduled with the probate judge’s judicial assistant.
All hearings must be scheduled with the probate judge’s judicial assistant.
Civil cases
Page 5 | HEARINGS — A. Scheduling of Hearings
Parties should avoid ex parte communications with the Court.
The Court cautions all parties to avoid exparte communication with the Court.
Civil cases
Page 9 | 16. ORDERS
Each party must promptly file written notice with the Clerk of any change to the party’s name, address, telephone number, or email address.
All parties must promptly advise the Court, via written notice filed with the Clerk, of any change of that party’s name, address, telephone number, or e-mail address.
Civil cases
Page 14 | Contact Information
If the ward’s residence changes to an adjacent county, the guardian must promptly inform the Court in writing.
If the ward’s residence changes to an adjacent county, the guardian must promptly inform the Court, in writing, in accordance with §744.1098(2), Florida Statutes.
Civil cases
Page 14 | Change of Ward’s Residence
Filing questions may be directed to the Clerk by phone at (863) 534-4000.
Filing questions can be addressed by calling (863) 534-4000.
Civil cases
Page 23 | Filing Instructions
The attorney may insert the appointed attorney’s name and address after contacting the judge’s office to obtain that information.
The attorney may, if desired, insert the name and address after contacting the judge’s office to receive the name and address of the attorney to be appointed.
Civil cases
Page 3 | PETITIONS FOR APPOINTMENT OF GUARDIAN ADVOCATE
The petitioning attorney may insert the appointed attorney’s name and address after contacting the judge’s office to obtain the next name in the rotation.
The petitioning attorney may, if desired, insert the name and address of the attorney to be appointed after contacting the judge’s office to receive the name and address of the next attorney in the rotation.
Civil cases
Page 4 | APPOINTMENT OF ATTORNEY/ELISOR AND SUBSTITUTION OF COUNSEL