Fla. Prob. R. 5.647 · Part III. — GUARDIANSHIP
SURROGATE GUARDIAN
Text — October 1, 2026 edition
(a) Petition for Designation of Surrogate Guardian. A guardian may file a petition to designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. The surrogate must be a professional guardian. The petition shall state:
(1) the name and business address of the surrogate guardian;
(2) the requested duration of the appointment; and
(3) the powers to be exercised by the surrogate guardian.
(b) Service. The petition for appointment of a surrogate guardian shall be served on all interested persons and the ward, unless the ward is a minor.
(c) Oath. The surrogate guardian must file with the court an oath swearing or affirming that the surrogate guardian will faithfully perform the duties delegated.
(d) Termination. Prior to the expiration of the period granted by court order, the guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court and serving it on the surrogate guardian.
Notes and commentary — not rule text
Committee Notes
Rule History
2006 Revision: New rule.
2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.442, Fla. Stat. Delegation of authority.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf (PDF pages 279–280)
- Text hash
- sha256 817e5ea96ff503f8d878918a134d41b554adea683590d924c3c71c36f47f60c0
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- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.