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

CRITICALCivil cases

Applies to

Petition for payment of guardian costs

Each petition for reimbursement of a guardian’s costs must include a chronological, line-item expense list with descriptions, applicable quantities and rates, and total charges.

Each petition for payment of costs incurred by a guardian must include an itemized list of the expenses for which compensation is sought, listed in chronological order and line-item format, with each line-item containing a specific description of the expense, any applicable quantity, any applicable rate, and the total charge requested for that line item.

CRITICAL

Applies to

Criminal background check results

After filing the petition, the petitioner must follow the criminal-background-check instructions using ORI#FL053114Z and arrange for the results to be delivered to the Clerk of the Court.

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.

CRITICALCivil cases

Applies to

Professional guardian file

Professional guardians must submit proof of registration with the Office of Public and Professional Guardians.

(iii) Proof of registration with the Office of Public and Professional Guardians. See Fla. Stat. §744.2002; and

CRITICALCivil cases

Applies to

Initial guardianship plan

The initial plan must state its beginning and ending dates and describe the proposed plan for the DDP’s benefit.

1. During the period beginning ________________________, 20______ and ending ______________________, 20______, the guardian proposes the following plan for the benefit of the DDP.

CRITICALCivil cases

Applies to

Audit documentation

When requested, counsel for guardians must assist in obtaining missing documentation.

assist in obtaining missing documentation when requested.

CRITICALCivil cases

Applies to

Objection to final accounting or discharge

Objections to the final accounting or discharge must be filed in accordance with Rule 5.680, Florida Probate Rules.

Any objections to the final accounting or discharge are required to be filed in accordance with Rule 5.680, Florida Probate Rules.

CRITICALCivil cases

Applies to

Suggestion of capacity

A Suggestion of Capacity is to be filed in the circuit where the guardianship is pending.

A Suggestion of Capacity is to be filed in the same circuit in which the guardianship is pending.

CRITICALCivil cases

Applies to

Application for appointment as guardian

Every proposed guardian except the public guardian must file an application signed by the proposed guardian under penalties of perjury.

Except for the public guardian for the circuit, every proposed guardian seeking appointment by the Court shall file an application as guardian that is signed by the proposed guardian under penalties of perjury, as required by §744.3125, Florida Statutes, and Rule 5.590, Florida Probate Rules.

CRITICALCivil cases

Applies to

Guardianship venue transfer filing

Must include

proposed order

If the ward’s permanent residence moves to a county other than Polk County, the guardian or guardian advocate must file appropriate pleadings and proposed orders to transfer venue.

If the ward’s permanent residence is changed to any county other than Polk County, the guardian of the person or the guardian advocate must file all appropriate pleadings and proposed orders to have venue of the guardianship case transferred to the Court in the appropriate county in accordance with §744.1097(3), Florida Statutes, and Rule 5.050, Florida Probate Rules.

CRITICALCivil cases

Applies to

Motion

An alleged incapacitated person seeking to substitute their own attorney after appointment must file a motion for the Court to decide the request.

After the Court has appointed an attorney, the alleged incapacitated person may desire to substitute her or his own attorney for the attorney appointed by the Court. In that event, a proper motion must be filed for the Court to make a determination.

CRITICALCivil cases

Applies to

Notice of cancellation of hearing

The attorney who noticed a cancelled hearing must file a Notice of Cancellation stating the date, time, and previously noticed matters being cancelled.

shall file a Notice of Cancellation of Hearing setting forth the date, time and matters previously noticed that are being cancelled,

CRITICALCivil cases

Applies to

Order compensating examining committee

If the petitioner has not paid the examining committee’s invoices before the adjudicatory hearing, the petitioner’s attorney must prepare an order compensating the committee.

In the event that the petitioner has failed to pay the invoices submitted by the examining committee members prior to the adjudicatory hearing, the attorney for the petitioner will be responsible for preparing an order compensating the examining committee.

CRITICALCivil cases

Applies to

Guardian fee or cost petition

Each guardian fee or cost petition must identify its billing period and state the total amount of prior fees or costs paid to the guardian.

Each petition for guardian’s fees or costs must state the billing time period covered by the current petition and must also set forth the amount of all prior fees or costs paid to the guardian.

CRITICALCivil cases

Applies to

Affidavit of diligent search and inquiry

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.

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.

CRITICALCivil cases

Applies to

Annual accounting

If no single statement covers all fiscal-year transactions, the guardian must provide every monthly or quarterly statement for that fiscal year.

If there is no single statement that covers all the transactions for the fiscal year, then the guardian shall provide all the statements (each month or quarter) for the fiscal year in question.

CRITICALCivil cases

Applies to

Initial guardianship plan

For a limited guardianship, indicate which rights were removed.

If limited guardianship, check rights which were removed:

CRITICALCivil cases

Applies to

Petition for attorney fees

A petition for attorney’s fees must contain an itemized billing statement showing time spent on each service in 0.10-hour increments.

Any petition for attorney’s fees must contain an itemized billing statement for the attorney’s service with the amount of time expended on each service in one-tenth (0.10) of an hour increments.

CRITICALCivil cases

Applies to

Initial guardianship plan

For a limited guardianship, indicate which rights were removed.

If limited guardianship, check rights which were removed:

CRITICALCivil cases

Applies to

Suggestion of capacity

If the guardianship case was transferred from another county or state and incapacity was determined elsewhere, the Suggestion of Capacity must be filed in this circuit’s guardianship case file.

In the event that the guardianship case was transferred from another county or state, such that the petition to determine incapacity was not determined in this circuit, the Suggestion of Capacity must be filed in this circuit’s guardianship case file.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan must describe the steps taken to identify and locate any preexisting order or advance directive.

Give a description of the steps taken to identify and locate the preexisting order not to resuscitate or advance directive.

CRITICALCivil cases

Applies to

Annual accounting

If the guardian pays the guardian’s attorney without prior court approval, the guardian must attach an itemized fee statement to the annual accounting documenting the payment.

If attorney’s fees are paid to the guardian’s attorney by the guardian without prior Court approval, the guardian must attach an itemized billing statement for the fees to the annual accounting in which the disbursement for the attorney’s fees is documented, in accordance with the provisions of §744.444(16) and 744.108, Florida Statutes.

CRITICALCivil cases

Applies to

Financial records

Guardians must maintain organized records throughout the accounting period.

Guardians shall: maintain organized records throughout the accounting period

CRITICALCivil cases

Applies to

Emergency temporary guardian petition

The petition must be under oath or contain the specified declaration under penalties of perjury.

The petition must be made either under oath or with the following statement contained in the petition: “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

Annual accounting

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.

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.

CRITICALCivil cases

Applies to

Order

If the Court grants the petition, the order must contain the findings of fact and conclusions of law required by Rule 5.649.

The petitioner or the petitioner’s counsel should be aware at the hearing that if the Court grants the petition, the order must contain findings of fact and conclusions of law required by Rule 5.649, Florida Probate Rules.

CRITICALCivil cases

Applies to

Guardian fee payment

Guardian fees and expenses will not be paid unless a Court order approving them has been entered.

No payment of guardian fees and expenses will be made without the entry of a Court order approving the fees and expenses.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan details all social and personal services provided to or for the ward, including services from friends, family, paid caregivers, and 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

Initial guardianship plan

The plan must describe the steps taken to identify and locate any preexisting resuscitation order or advance directive.

Give a description of the steps taken to identify and locate the preexisting order not to resuscitate or advance directive.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan describes applicable insurance and private or governmental benefits and lists 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, etc…):

CRITICAL

Applies to

Petition

The petitioner must file the Application for Appointment as Guardian Advocate in conjunction with the petition.

Petitioner(s) file(s) with this Court his/her/their Application(s) for Appointment as Guardian Advocate in conjunction with this Petition.

CRITICALCivil cases

Applies to

Guardian fee or cost petition

Unless special circumstances apply or a motion for extension is pending, guardian fee or cost petitions will not be approved while required reports are delinquent.

Absent special circumstances, petitions for guardian’s fees or costs will not be approved if statutorily-required reports are delinquent (unless a motion for extension is pending).

CRITICALCivil cases

Applies to

Initial guardianship plan

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

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

CRITICAL

Applies to

Application for appointment as guardian advocate

The application asks the Applicant to answer whether they received the described training and, if so, state when and where.

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:

CRITICALCivil cases

Applies to

Affidavit of completion

The affidavit form calls for the guardian to attest to completing at least four hours of approved guardianship education covering the listed subjects.

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.

CRITICALCivil cases

Applies to

Annual guardianship plan

The plan must report where the Ward lived during the preceding year, including dates, names, addresses, and length of stay for each place.

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

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

The petitioner’s attorney is responsible for preparing the proposed Order Appointing Attorney and Elisor in the specified actions.

The attorney for the petitioner in an action initiated by the filing of a Petition to Determine Incapacity or by the filing of a Petition for Guardian Advocate shall be responsible for preparing the proposed Order Appointing Attorney and Elisor.

CRITICAL

Applies to

Physician report

A physician’s report is required under the cited Florida statute.

PHYSICIAN’S REPORT (Required by Florida Statues, Section 744.3675)

CRITICAL

Applies to

Waiver and consent to appointment of guardian advocate

The waiver and consent form is to be completed by the listed family member, not the Petitioner.

To be completed by family listed below, NOT the Petitioner

CRITICALCivil cases

Applies to

Proposed order compensating examining committee

The petitioner’s counsel must attach copies of the invoices to the proposed Order Compensating Examining Committee.

Counsel for the petitioner must attach copies of the invoices to the proposed Order Compensating Examining Committee.

CRITICALCivil cases

Applies to

Application

An attorney seeking to be appointed should submit a separate statement with their application stating as follows: I HEREBY CERTIFY THAT I HAVE COMPLETED THE STATUTORY EDUCATION AND TRAINING REQUIREMENTS TO BE CONSIDERED FOR APPOINTMENT IN AN INCAPACITY OR GUARDIANSHIP PROCEEDING.

An attorney seeking to be appointed should submit a separate statement with their application stating as follows: I HEREBY CERTIFY THAT I HAVE COMPLETED THE STATUTORY EDUCATION AND TRAINING REQUIREMENTS TO BE CONSIDERED FOR APPOINTMENT IN AN INCAPACITY OR GUARDIANSHIP PROCEEDING.

CRITICAL

Applies to

Petition

If the DDP is indigent, an Application for Determination of Indigent Status must be filed with the petition.

If the DDP is indigent, an Application for Determination of Indigent Status must be filed with this Petition.

CRITICALCivil cases

Applies to

Guardianship report

The guardianship report must include a physician’s report based on an examination no more than 90 days before the report period begins, evaluating the Ward’s condition and current capacity.

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.

CRITICALCivil cases

Applies to

Annual accounting

Annual Accountings must include all of the Ward’s property interests, regardless of title, unless the property is specifically exempt by statute.

Annual Accountings must include all property interests of the Ward regardless of how the property is titled unless specifically exempt under §744.3678, Florida Statutes.

CRITICALCivil cases

Applies to

Notice of hearing

A party may add motions to the same hearing only with the Court’s and opposing counsel’s consent and a Notice of Hearing identifying the additional motions and stating that consent was given.

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.

CRITICALCivil cases

Applies to

Inventory

The inventory must include copies of the most current statements for all of the Ward’s cash assets held at financial institutions.

(Note: Attached to this Inventory are copies of the most current statements of all of the Ward's cash assets from all institutions where the cash is on deposit.)

CRITICAL

Applies to

Application for appointment as guardian advocate

The application contains a declaration under penalties of perjury and a statement for the date it is signed.

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____.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan must list preexisting resuscitation orders and advance directives, including each one's signing date and whether the court suspended it.

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):

CRITICALCivil cases

Applies to

Guardianship report

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.

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)

CRITICALCivil cases

Applies to

Petition

A guardian-advocate petition for a person with developmental disabilities must comply with the cited statutory and probate-rule requirements.

A petition for the appointment of a guardian advocate for a person with developmental disabilities must strictly comply with the statutory requirements pursuant to §393.12, Florida Statutes, and Rule 5.649, Florida Probate Rules.

CRITICALCivil cases

Applies to

Financial records

Upon request, guardians must provide the listed financial records and evidence concerning transactions and asset valuation or sale.

Guardians shall also provide copies of all canceled checks, receipts for all expenditures, documentation of all deposits and withdrawals, evidence of all investment transactions, and evidence of valuation and/or sale of assets, upon request, including but not limited to real estate, vehicles and like property.