Loading…
24 verbatim mandatory provisions from Probate and Guardianship.
Eighteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• The petition shall be verified by the petitioner and shall state: §744.334(1) 5.560(a) 2. • When the residence of a ward of a foreign guardian is moved to this state, the guardian shall, within 60 days after such change of residence, file the authenticated order of her or his appointment with the clerk of the court in the county where the ward resides. • Such order shall be recognized and given full faith and credit in the courts of this state. • If the petitioner is a professional guardian, she or he may not petition for her or his own appointment unless the petitioner is a relative of the alleged incapacitated person or minor. • An emergency temporary guardian who is a professional guardian may not be appointed as the permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person or the ward requests that the professional guardian be appointed as permanent guardian. • The court must make specific findings of fact that justify waiving the limitations of this paragraph. §744.312(4)(b) ITEM Petition for Appointment of Emergency Temporary Guardian (Optional) Florida Statute Probate Rule 1. • Prior to appointment of a guardian but after a petition for determination of incapacity has been filed, the alleged incapacitated person or any adult interested in the welfare of that person may petition for the appointment of an emergency temporary guardian of the person or property. • The petition shall be verified and shall state: §744.3031(1) 5.648(a) 2. • The nature of the emergency and the reason immediate action must be taken. 5.648(a)(4) 6. • Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if §744.3031(2) 5.648(b) the 24-hour notice is given. 2. • If the petitioner requests appointment of the public guardian as emergency temporary guardian, a copy of the petition and notice shall be served on the public guardian. 5.648(c) 3. • Notice of filing the petition for appointment of guardian may be served as a part of the notice of filing the petition to determine incapacity but shall be served a reasonable time before the hearing on the petition or other pleading seeking appointment of a guardian. 5.560(b) 4. • If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. 5.560(c) APPLICATIONS: • Every prospective guardian must complete an application for appointment as guardian. §744.3125(1) 5.590(a) 2. • No application for appointment shall be required of a nonprofit corporate guardian. 5.590(b) 3. • No application for appointment shall be required for any corporate guardians. 5.590(c) 4. • No application for appointment shall be required of a public guardian. 5.590(d) ORDERS: • Order Appointing the Emergency Temporary Guardian shall specify the powers and duties of the emergency temporary guardian. • All proposed orders are required to be emailed to the judicial assistance. • Every guardian shall take an oath that he or she will faithfully perform his or her duties as guardian. §744.347 5.600 5.110 2. • The emergency temporary guardian shall take an oath to faithfully perform the duties of a guardian before letters of emergency temporary guardianship are issued. §744.3031(6) 5.600 ITEM Hearing Florida Statute Probate Rule 1. • A hearing is required for the Petition for Appointment of Guardian of an Incapacitated Person. • A hearing is required for the Petition for Appointment of Emergency Temporary Guardian. §744.3371(1) §744.3031 5.560 5.648 REV 4/9/25 ITEM Bond Florida Statute Probate Rule 1. • Before exercising his or her authority as guardian, every person appointed a guardian of the property of a ward in this state shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk.
The petition shall be verified by the petitioner and shall state: §744.334(1) 5.560(a) 2.
Reviewer note: Document sha256: f8ded139830f5f6c95e6e230bc1019cd3444d98988f94f9a1d2ccda5f9e1a0ad (75686 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. [moved from the text 2026-09-14]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.