Fla. Prob. R. 5.905

As amended through March 26, 2024
Rule 5.905 - FORM FOR PETITION; NOTICE; AND ORDER FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON
(a) Petition.

FORM FOR USE IN PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON PURSUANT TO FLORIDA PROBATE RULE 5.649

In the Circuit Court of the

__________________Judicial

Circuit,

in and for ________________

County, Florida

Probate Division

Case No.____________________

In Re: Guardianship Advocacy of

_______________________________

Respondent's Name

Person with Developmental Disability

_______________________________

PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON

Petitioner,_______________________________ , files this petition under section 393.12, Florida Statutes, and Florida Probate Rule 5.649 and alleges that:

1. The petitioner, proposed guardian advocate .....(name)....., is years of age, whose residential address is ______________________and post office address is ____________________. The relationship of the petitioner to the respondent is___________________________.
2. . ....(Respondent's name).....is a person with a developmental disability who was born on______________________ and who is years _____________________of age, who resides in_____________ County, Florida. The residential address of the respondent is ___________________and the post office address is______________________________.
3. The petitioner believes that respondent needs a guardian advocate:
a. due to the following developmental disability:

( ) i. intellectual disability;

( ) ii cerebral palsy;

( ) iii. autism;

( ) iv. spina bifida;

( ) v. Down syndrome;

( ) vi. Phelan-McDermid syndrome; or

( ) vii. Prader-Willi syndrome,

which manifested before the age of 18.

b. The developmental disability has resulted in the following substantial handicaps:______________________

_______________________________

4. The exact areas in which the person with the developmental disability lacks the ability to make informed decisions about the person's care and treatment services or to meet the essential requirements for the person's physical health or safety are as follows:

( ) a. to apply for government benefits;

( ) b. to determine residency;

( ) c. to consent to medical and mental health treatment;

( ) d. to make decisions about social environment/social

aspects of life;

( ) e. to make decisions regarding education; and

( ) f. to bring an independent action for support.

5. There are no alternatives to guardian advocacy, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner that would sufficiently address the problems of the respondent in whole or in part. Thus, it is necessary that a guardian advocate be appointed to exercise some but not all of the rights of respondent.
6. The names and addresses of the next of kin of the respondent are:

Name

Address

Relationship

_____________

_____________

_____________

_____________

_____________

_____________

7. The proposed guardian advocate .....(name)....., whose residence address is ____________________and whose post office address is__________________ ; is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed guardian advocate is not a professional guardian. The relationship of the proposed guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE): _________________

_______________________________

_______________________________

8. The petitioner(s) allege(s) that to their knowledge, information, and belief, respondent _______has or __________has NOT executed an advance directive under chapter 765, Florida Statutes, (designated health case surrogate or other advance directive) or a durable power of attorney under chapter 709, Florida Statutes.
9.(If a Co-Guardian Advocate sought, complete this paragraph.) Petitioner requests that________________ be appointed co-guardian

advocate of the person of respondent. The proposed co-guardian advocate .....(name)....., who is__________ years of age, whose residence is_____________ ; whose post office address is____________________ ; is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed coguardian advocate is not a professional guardian. The relationship of the proposed co-guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE):__________________

_______________________________

_______________________________

The relationship and previous association of the proposed co-guardian advocate to the respondent is_________________ . The proposed co-guardian advocate should be appointed because:________________

_______________________________

_______________________________

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 .....(date)......

Signature:______________________

Proposed Guardian Advocate

Name:______________________

Address:______________________

______________________________

Phone Number:______________________

E-mail Address:______________________

Signature:______________________

Proposed Co-Guardian Advocate

Name:______________________

Address:______________________

________________

Phone Number:______________________

E-mail Address:______________________

(b) Notice. The notice of the filing of the petition for the appointment of guardian advocate of the person and notice of hearing must be served with the petition for appointment of guardian advocate of the person under subdivision (a) of this rule.

FORM FOR NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON UNDER SECTION 393.12(4), FLORIDA STATUTES, AND NOTICE OF HEARING

In the Circuit Court of the

__________________Judicial

Circuit, in and for_______________

County, Florida

Probate Division

Case No._______________

In Re: Guardian Advocacy of

______________________

Respondent's Name

Person with Developmental Disability

______________________

NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE AND NOTICE OF HEARING

TO: .....(Respondent)....., .....(attorney for respondent)....., .....(next of kin)....., .....(healthcare surrogate)....., and .....(agent under durable power of attorney).....

YOU ARE NOTIFIED that a petition for appointment of guardian advocate of the person has been filed. A copy of the petition for appointment of guardian advocate of the person is attached to this notice. There will be a hearing on the petition as follows:

You are to appear before the Honorable ...................., Judge, at.....(time) ....., on .....(date)....., at the county courthouse of .................... County, in ...................., Florida for the hearing of this petition.

The reason for this hearing is to inquire into the capacity of the respondent, the person with a developmental disability, to exercise the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.)

The respondent has the right to be represented by counsel of the respondent's own choice and the court has initially appointed the following attorney to represent the respondent:

Attorney for the respondent: .....(name)....., .....(address)....., .....(phone)....., .....(e-mail)......

Respondent has the right to substitute an attorney of the respondent's own choice in place of the attorney appointed by the court.

Signed .....(date)......

Signature:______________

Signature:________________

Proposed Guardian Advocate

Name:______________

Proposed Co-Guardian Advocate (if any)

Name:______________

Address:______________

______________

Address:______________

______________

Phone Number:______________

Phone Number:______________

E-mail Address:______________

E-mail Address:______________

CERTIFICATE OF SERVICE

I CERTIFY that a copy of the foregoing notice of filing petition to appoint guardian advocate and notice of hearing and a copy of the petition for appointment of guardian advocate of the person was served on all persons indicated above, including on the attorney for the respondent, on .....(date)......

Signature:________________

Signature:________________

Proposed Guardian Advocate

Name:________________

Proposed Co-Guardian Advocate (if any)

Name:________________

Address:________________

Address:________________

Phone Number:________________

Phone Number:________________

E-mail Address:________________

E-mail Address:________________

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.

(c) Order.

In the Circuit Court of the

______________Judicial

Circuit, in and for ___________

County, Florida

Probate Division

Case No.______________________

In Re: Guardianship of

_____________________________

Respondent's Name

Person with Developmental Disability

_____________________________

ORDER APPOINTING GUARDIAN ADVOCATE

On consideration of the petition for the appointment of guardian advocate of the person, the court finds that .....(respondent's name).....has a developmental disability of a nature that requires the appointment of guardian advocate of the person based on the following findings of fact and conclusions of law:

1. The nature and scope of the person's lack of decision-making ability are:______

_____________________________

_________________________________

2. The exact areas in which the person lacks decision-making ability to make informed decisions about care and treatment services or to meet the essential requirements for the respondent's health and safety are specified in number 4.
3. The specific legal disabilities to which the person with a developmental disability is subject to are:

_________________________________

_________________________________

4. The powers and duties delegated to the guardian advocate are:

( ) a. to apply for government benefits;

( ) b. to determine residency;

( ) c. to consent to medical and mental health treatment;

( ) d. to make decisions about social environment/social

aspects of life;

( ) e. to make decisions regarding education; and

( ) f. to bring an independent action for support.

5. There are no alternatives to guardian advocacy, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner that would sufficiently address the problems of the respondent in whole or in part. Thus, it is necessary that a guardian advocate be appointed to exercise some but not all of the rights of respondent.
6. Without first obtaining specific authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may not exercise any authority over any health care surrogate appointed by any valid advance directive executed by the disabled person, under Chapter 765, Florida Statutes, except on further order of this Court.

ORDERED AND ADJUDGED:

1...... (Name).....is qualified to serve as guardian advocate and is hereby appointed as guardian advocate of the person of .....(respondent's name)......
2. The guardian advocate will exercise only the rights that the court has found the disabled person incapable of exercising on the disabled person's own behalf, as outlined herein above. Said rights are specifically delegated to the guardian advocate.

ORDERED this .....(date)......

_____________

Judge

FL. Prob. R. 5.905

Amended by SC2023-1477, effective 12/14/2023; adopted by 301 So.3d 859, effective 9/3/2020.