Fla. Prob. R. 5.906

As amended through March 26, 2024
Rule 5.906 - LETTERS OF GUARDIAN ADVOCACY

FORM LETTERS OF GUARDIAN ADVOCACY

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

_________________________________

LETTERS OF GUARDIAN ADVOCATE (CO-GUARDIAN ADVOCATES) OF THE PERSON

TO ALL WHOM IT MAY CONCERN:

WHEREAS, .....(guardian advocate's name(s)).....has/have been appointed guardian advocate(s) of the person of .....(the ward)....., a person with a developmental disability who lacks the decision-making capacity to do some of the tasks necessary to take care of the ward's person; and

NOW, THEREFORE, I, the undersigned, declare that .....(guardian advocate's name(s)).....is/are duly qualified under the laws of the State of Florida to act as guardian advocate of the person of .....(the ward)...., with full power to exercise the following powers and duties on behalf of the person with a developmental disability:

( ) 1. to apply for government benefits;

( ) 2. to determine residency;

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

( ) 4. to make decisions about social environment and social

aspects of life;

( ) 5. to make decisions regarding education; and

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

Without first obtaining specific authority from the court, under sections 744.3215(4) and 744.3725, Florida Statutes, the guardian advocate (coguardian advocates) may not:

a. commit the respondent to a facility, institution, or licensed service provider without formal placement proceedings under Chapter 393, Florida Statutes;
b. consent to the participation of the respondent in any experimental biomedical or behavior procedure, exam, study, or research;
c. consent to the performance of sterilization or abortion procedure on the respondent;
d. consent to termination of life support systems provided for the respondent;
e. initiate a petition for dissolution of marriage for the ward; or
f. exercise any authority over any health care surrogate appointment by a valid advance directive executed by the disabled person, under Chapter 765, Florida Statutes, except on further order of this court.

The respondent retains all legal rights except those that are specifically granted to the guardian advocate (co-guardian advocates) under court order.

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

__________________

Judge

FL. Prob. R. 5.906

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