Fla. Prob. R. 5.631

As amended through June 17, 2024

Rule 5.631 - PETITION FOR APPROVAL BY PROFESSIONAL GUARDIAN FOR ORDER NOT TO RESUSCITATE OR TO WITHHOLD LIFE-PROLONGING PROCEDURES

(a) Contents.

(1) When authorization for any act of the professional guardian is required under section 744.4431, Florida Statutes, application must be made by verified petition stating the facts showing:

(A) a description of the proposed action or decision for which court approval is sought;

(B) documentation of the authority of the professional guardian to make health care decisions on behalf of the ward;

(C) a statement regarding any known objections to the relief sought;

(D) a description of the ward's known wishes, including all advance directives executed by the ward, or, if there is no indication of the ward's wishes, a description of why the relief sought is in the best interests of the ward;

(E) a description of exigent circumstances that exist which necessitate immediate relief; and

(F) a description of the circumstances requiring the proposed action or decision, which must include supporting documents that are consistent with sections 765.305, 765.401(3), or 765.404, Florida Statutes.

(b) Notice. Notice of the petition and of any hearing must be served on the ward, the ward's attorney, if any, the ward's next of kin, and any other interested persons which includes persons who have filed requests for notices and copies of pleadings. The provision of notice may be waived by the court.

(c) Hearing.

(1) The court must hold a hearing if:

(A) the ward or the ward's attorney, if any, objects to the petition;

(B) the ward's next of kin or an interested person objects for any reason authorized by section 765.105(1), Florida Statutes;

(C) the professional guardian, the ward, or the ward's attorney, if any, requests a hearing; or

(D) the petition has insufficient information for the court to make a determination.

(2) On a showing a hearing is required and exigent circumstances exist, a preliminary hearing on the petition must be held with 72 hours of filing. At the conclusion of the hearing, the court must rule on the petition or set it for an evidentiary hearing within 4 days.

(d) Order.

(1) If the petition is granted, the order must describe the permitted act and authorize the professional guardian to perform the act.

(2) If the petition is denied, the order must state the reasons for the denial.

FL. Prob. R. 5.631

Adopted by SC2023-1477, effective 12/14/2023

Committee Notes

Rule History

2023 Revision: Rule adopted to address the enactment of section 744.4431, Florida Statutes.

Statutory References

§ 744.4431, Fla. Stat. Guardianship power regarding lifeprolonging procedures.

Rule References

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.060 Request for notices and copies of pleadings.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.