Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Document Filing Requirements

CRITICAL

Applies to

Waiver and consent to appointment of guardian advocate

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.

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.

CRITICALCivil cases

Applies to

Document containing confidential information

In a transferred guardianship case, filed documents containing confidential information must be accompanied by a Notice of Confidential Information.

In that event, any documents that are filed in the guardianship case that include confidential information, as described in Rule 2.420, Florida Rules of General Practice and Judicial Administration, must be accompanied by a Notice of Confidential Information.

CRITICALCivil cases

Applies to

Proposed order

If the order contains findings of fact announced at a hearing, the content of the order should include an introductory paragraph reciting the date on which the hearing was held, the parties who were present, and the petition, motion or pleading of which the order is disposing and the date on which said motion or petition was filed. The findings of fact and conclusions of law announced by the Court should be set forth after the introductory paragraph, and thereafter, the ruling announced by the Court should be set forth as directed.

If the order contains findings of fact announced at a hearing, the content of the order should include an introductory paragraph reciting the date on which the hearing was held, the parties who were present, and the petition, motion or pleading of which the order is disposing and the date on which said motion or petition was filed. The findings of fact and conclusions of law announced by the Court should be set forth after the introductory paragraph, and thereafter, the ruling announced by the Court should be set forth as directed.

CRITICALCivil cases

Applies to

Guardianship report

The guardianship report must describe the Ward’s medical, mental health, and rehabilitation needs.

The following is a description of the Ward's medical, mental health and rehabilitation needs:

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan describes the ward’s medical, mental, or personal care services, including regular doctors, daily-living assistance, and mental health care needs.

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?):

CRITICALCivil cases

Applies to

Affidavit of completion

After completing an approved course, the guardian must execute the applicable affidavit of completion, sign it under oath, and file it in the court file.

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.

CRITICALCivil cases

Applies to

Initial guardianship plan

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.

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.

CRITICALCivil cases

Applies to

Physician report

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.

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:

CRITICALCivil cases

Applies to

Guardianship report

Guardianship reports must include the guardian’s signature and current contact information, except registered professional guardians need only provide a signature.

Except in the case of registered professional guardians, all guardianship reports must include the guardian’s signature, current address, current telephone number with area code, and email address. In the case of registered professional guardians, this information is already in the Clerk’s file and only the guardian’s signature is therefore necessary.

CRITICALCivil cases

Applies to

Annual plan

The Annual Plan must address the ward’s anticipated needs for the upcoming year and identify its coverage period so there is no lapse between annual reporting periods.

The plan must be prospective, covering the ward’s anticipated needs in the upcoming year and must accurately indicate the time period covered so that no lapse exists between annual reporting periods.

CRITICALCivil cases

Applies to

Notice of hearing

If the parties cannot agree on a hearing date, time, and duration, the Notice of Hearing must state that a good-faith coordination attempt was made.

In the event such agreement cannot be achieved, the noticing party shall include a statement on the Notice of Hearing that a good faith attempt was made to coordinate the hearing with the opposing counsel or pro se party.

CRITICALCivil cases

Applies to

Annual accounting

With the Annual Accounting, the guardian must provide an annual or year-end financial-institution statement for every bank and investment account that covers all transactions for the fiscal year.

Upon filing the Annual Accounting, the guardian shall provide a copy of the annual or year-end third party (financial institution holding ward's funds) statement for all bank and investment accounts. An annual or year-end statement is defined as a statement ending at the end of the fiscal year which is being reported and which contains all transactions for that fiscal year.

CRITICALCivil cases

Applies to

Professional guardian file

Professional guardians seeking appointment must establish a file with the Clerk and submit documentation showing that specified statutory requirements have been satisfied.

Professional guardians (including for-profit corporate guardians) seeking appointment by the Court must establish a professional guardian file with the Clerk and submit documentation demonstrating that the requirements of §744.2002, §744.2003, and §744.3135, Florida Statutes, have been satisfied.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan must describe the medical, mental, or personal care services for the ward, including regular doctors, daily-living assistance, and mental health care needs.

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?):

CRITICAL

Applies to

Application for appointment as guardian advocate

If the applicant reports a physical disability, the application requests a description and whether it may affect the applicant’s ability to serve.

If yes, please describe and state whether such disability may affect applicant’s ability, in any degree, to serve as guardian advocate:

CRITICALCivil cases

Applies to

Annual accounting

All required audit documentation must be submitted together with the Annual Accounting.

All required documentation must be submitted with the annual accounting.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan’s guardian signature block includes the signing date, signature, name, address, phone number, and email address.

Signed on________________________, 20____. Signature Name Address Phone E-mail address (Guardian)

CRITICALCivil cases

Applies to

Simplified annual plan

The original Simplified Annual Plan must be filed with the Clerk of the Circuit Court at the stated Polk County address.

The original copy of this Simplified Annual Plan must be filed with the Clerk of the Circuit Court: Polk County, 255 N Broadway Avenue, Bartow, FL 33830.

CRITICALCivil cases

Applies to

Guardianship report

The guardianship report must state the plan for providing medical, mental health, and rehabilitative services in the coming year.

The plan for providing medical, mental health and rehabilitative services in the coming year is as follows:

CRITICALCivil cases

Applies to

Initial guardianship plan

The guardian’s declaration must affirm under penalties of perjury that the foregoing was read and is true to the best of the declarant’s knowledge and belief.

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.

CRITICALCivil cases

Applies to

Initial guardianship plan

The guardian must detail all social and personal services provided to or for the ward, including services from friends, family, paid caregivers, or facility staff.

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.):

CRITICALCivil cases

Applies to

Annual plan

An assessment from the ward’s physician must accompany the Annual Plan.

Florida law requires that an assessment from the Ward’s physician accompany the Annual Plan.

CRITICAL

Applies to

Petition

For a co-guardian advocate or co-guardian, list the second petitioner; otherwise, write “none.”

4. (If Co-Guardian Advocate/Co-Guardian, list 2nd Petitioner here. If none, write “none”)

CRITICALCivil cases

Applies to

Objection

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 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.

CRITICALCivil cases

Applies to

Professional guardian file

Professional guardians must submit proof of a blanket fiduciary bond for the professional guardian file.

(i) Proof of blanket fiduciary bond. See Fla. Stat. §744.2003(2);

CRITICAL

Applies to

Petition

If seeking a co-guardian, list the second petitioner; otherwise, write “none.”

2. (If Co-Guardian Advocacy/Co Guardian is sought, list 2nd Petitioner here. If none, write “none”)

CRITICALCivil cases

Applies to

Affidavit of completion

The affidavit form provides for the guardian’s signature and printed name and a sworn or affirmed acknowledgment signed by a notary public.

_________________________________ 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

CRITICALCivil cases

Applies to

Final report

The guardian of the property must file a final report unless all necessary interested persons waive it.

The guardian of the property must file a final report in compliance with §744.527, Florida Statutes, and Rule 5.680, Florida Probate Rules, unless waived by all necessary interested persons, and a petition for discharge, unless extended by Court order.

CRITICALCivil cases

Applies to

Initial guardianship plan

The Initial Guardianship Plan must identify the examinations, their providers, and approximate examination dates.

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

CRITICALCivil cases

Applies to

Stipulation

A stipulation substituting counsel for a guardian must be signed by the attorneys involved and the guardian.

Any stipulation for the substitution of counsel for a guardian must be signed by the attorneys involved and by the guardian.

CRITICALCivil cases

Applies to

Initial guardianship plan

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.

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…):

CRITICALCivil cases

Applies to

Suggestion of capacity

A Suggestion of Capacity must comply with Florida law, the Florida Probate Code, Florida Probate Rule 5.681, and section 744.464, Florida Statutes.

The contents of a Suggestion of Capacity must comply with the Florida law and with the Florida Probate Code, specifically including Rule 5.681, Florida Probate Rules, and §744.464, Florida Statutes.

CRITICALCivil cases

Applies to

Annual accounting

Counsel for guardians must ensure their clients understand the documentation requirements.

ensure clients understand documentation requirements

CRITICALCivil cases

Applies to

Guardianship report

The guardianship report must describe professional medical treatment given to the Ward during the preceding year.

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):

CRITICALCivil cases

Applies to

Annual accounting

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.

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.

CRITICALCivil cases

Applies to

Professional guardian file

Professional guardians must submit evidence of completing instruction and training, including continuing education.

(ii) Evidence of completion of instruction and training, including continuing education. See Fla. Stat. §744.2003(3);

CRITICALCivil cases

Applies to

Annual guardianship plan

The annual guardianship plan must state the Ward’s address at the time the plan is filed.

The Ward's address at the time of filing the plan is ________________________.

CRITICALCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests identification of listed documents executed since the guardianship was established or the last annual report and requires copies to be attached and filed if they have not previously been filed with the Court.

8. Since the guardianship was established or the last annual guardianship report, the following was executed by or on behalf of the Ward (attach and file copies of the documents referenced below if not previously filed with the Court):

CRITICALCivil cases

Applies to

Initial guardianship plan

Must include

certificate of service

The Initial Guardianship Plan filing must include a certificate of service.

REMEMBER CERTIFICATE OF SERVICE:

CRITICAL

Applies to

Oath of guardian advocate

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.

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.

CRITICALCivil cases

Applies to

Annual guardianship plan

The annual guardianship plan must state the period it covers.

The Annual Guardianship Plan for the period beginning _______________, and ending ______________, shall be as follows:

CRITICALCivil cases

Applies to

Initial guardianship plan

The guardian must attest to consultation with the ward and to honoring and following the ward’s wishes to the stated reasonable extent.

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.

CRITICALCivil cases

Applies to

Annual accounting

Counsel for guardians must review audit documentation for completeness before filing.

Counsel for guardians shall: review documentation for completeness before filing

CRITICALCivil cases

Applies to

Notice of hearing

A Notice of Hearing must be filed to notify all counsel, parties, and interested persons, and must specify the hearing date, time, location, duration, and matters to be heard.

All hearings must be noticed to all counsel, parties and interested persons by filing a Notice of Hearing that sets forth the date, time, location and duration of the hearing, and states with particularity the matters to be brought before the Court during the hearing.

CRITICALCivil cases

Applies to

Emergency temporary guardian petition

An emergency temporary guardian order without notice to interested persons may be granted only on sworn facts demonstrating an emergency affecting health or safety, inability to pay necessary expenses, or imminent loss, theft, damage, or destruction of assets.

An emergency temporary guardian order entered without notice to all other interested persons will be granted only if the facts alleged and sworn to demonstrate a true emergency to the health or safety of the ward or alleged incapacitated person, or demonstrate that the ward or alleged incapacitated person is unable to pay their necessary expenses or that their assets are otherwise subject to imminent loss, theft, damage or destruction.

CRITICALCivil cases

Applies to

Annual guardianship plan

The plan must address that the Ward’s current residential setting is best suited to the Ward’s current needs.

The current residential setting is best suited for the current needs of the Ward.

CRITICALCivil cases

Applies to

Initial guardianship plan

Must include

certificate of service

The plan must include a certificate of service.

REMEMBER CERTIFICATE OF SERVICE:

CRITICAL

Applies to

Proposed order

If the original will is docketed in a separately numbered case, include that case number in the proposed-order email and in the proposed probate order.

If the original will has been dockets in a separately numbered case you must specify that additional case number in the email submission of the proposed orders, as well as in the text of the proposed order admitting the will to probate.

CRITICALCivil cases

Applies to

Order

Orders must list each recipient’s service address to the right of the recipient’s name, using an email address for e-service or a mailing address for recipients not included in e-service.

Include service address to the right of the recipient’s name, whether email address for e-service or mailing address for all recipients not included in e-service

CRITICALCivil cases

Applies to

Order

Must include

case number

Orders must include the section number or division and the case number.

Include section number/division, i.e. Section: 10-Civil and case number