Supreme Court of Florida ____________

No. SC2024-1057

____________

IN RE: AMENDMENTS TO FLORIDA PROBATE RULES –

2024 LEGISLATION.

September 5, 2024

PER CURIAM.

The Florida Bar’s Probate Rules Committee has filed a report 

proposing amendments to Florida Probate Rules 5.240 (Notice of 

Administration), 5.241 (Notice to Creditors), 5.550 (Petition to 

Determine Incapacity), 5.649 (Guardian Advocate), and 5.681 

(Restoration of Rights of Person with Developmental Disability) and 

Form 5.905 (Form for Petition; Notice; and Order for Appointment of 

Guardian Advocate of the Person) in response to recent legislation.1 

See chs. 2024-238, 2024-242, Laws of Fla.

The Florida Bar’s Board of Governors’ Executive Committee

unanimously approved the proposal. 

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see 

also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).
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Having considered the Committee’s proposal and the relevant 

legislation, we amend the Florida Probate Rules as proposed by the 

Committee, with minor revisions. The more significant 

amendments are discussed below.

We amend rules 5.240 and 5.241 to require that notices of 

administration and notices to creditors provide notice that the 

personal representative or curator has no duty to discover whether 

the Florida Uniform Disposition of Community Property Rights at 

Death Act applies to the subject property unless a timely written 

demand is made. 

Next, we amend rules 5.550 and 5.649 to require that 

petitions to determine incapacity or for the appointment of a 

guardian advocate identify existing supported decisionmaking 

agreements or other types of assistance already in place and state 

why they are inappropriate or insufficient. Rule 5.649 is further 

amended to require that orders appointing guardian advocates 

provide whether the person can exercise rights with assistance and 

the rights for which the person lacks decisionmaking ability.

Rule 5.681 is amended to require that a suggestion of 

restoration of rights state, among other things, whether another 
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form of assistance is an alternative to the continued appointment of 

a guardian advocate.

Finally, form 5.905 is amended to add a requirement that the 

petitioner note whether a decisionmaking agreement, advanced 

directive, or power of attorney has been executed and, if so, whether 

it is insufficient to meet the needs of the respondent.

Accordingly, the Florida Probate Rules are amended as 

reflected in the appendix to this opinion. New language is indicated 

by underscoring; deletions are indicated by struck-through type. 

The amendments shall become effective immediately. Because the 

amendments were not published for comment prior to their 

adoption, interested persons shall have 75 days from the date of 

this opinion in which to file comments with the Court.2

2. All comments must be filed with the Court on or before

November 19, 2024, with a certificate of service verifying that a copy 

has been served on Committee Co-Chairs, Erin Farrington Finlen, 

3365 Galt Ocean Drive, Fort-Lauderdale, FL 33308, 

erin@estatelaw.com, and Zackary T. Zuroweste, 2555 Enterprise 

Road, Suite 15, Clearwater, FL 33763, zz@persantelaw.com, and on 

the Bar Staff Liaison to the Committee, Heather Telfer, 651 East 

Jefferson Street, Tallahassee, Florida 32399-2300, 

rules@floridabar.org, as well as a separate request for oral 

argument if the person filing the comment wishes to participate in 

oral argument, which may be scheduled in this case. The 

Committee Co-Chairs have until December 10, 2024, to file a 
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It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Probate Rules

Zackary T. Zuroweste, Co-Chair, Probate Rules Committee, 

Clearwater, Florida, Erin Farrington Finlen, Co-Chair, Probate 

Rules Committee, Fort Lauderdale, Florida, Joshua E. Doyle, 

Executive Director, The Florida Bar, Tallahassee, Florida, and 

Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee, 

Florida,

for Petitioner

response to any comments filed with the Court. If filed by an 

attorney in good standing with The Florida Bar, the comment must 

be electronically filed via the Florida Courts E-Filing Portal (Portal). 

If filed by a nonlawyer or a lawyer not licensed to practice in 

Florida, the comment may be, but is not required to be, filed via the 

Portal. Any person unable to submit a comment electronically must 

mail or hand-deliver the originally signed comment to the Florida 

Supreme Court, Office of the Clerk, 500 South Duval Street, 

Tallahassee, Florida 32399-1927.
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APPENDIX

RULE 5.240. NOTICE OF ADMINISTRATION

(a) Service. The personal representative shallmust promptly 

serve a copy of the notice of administration on the following persons 

who are known to the personal representative and who were not 

previously served under section 733.2123, Florida Statutes:

(1)-(4) [No Change]

in the manner provided for service of formal notice. The personal 

representative may similarly serve a copy of the notice on any 

devisee under another will or heirs or others who claim or may 

claim an interest in the estate.

(b) Contents. The notice shallmust state:

(1)-(2) [No Change]

(3) that any interested person on whom a copy of the 

notice of administration is served must file, on or before the date 

that is 3 months after the date of service of a copy of the notice of 

administration on that person any objection that challenges the 

validity of the will, the venue, or the jurisdiction of the court. The 3-

month time period may only be extended for estoppel based upon a 

misstatement by the personal representative regarding the time 

period within which an objection must be filed. The time period may 

not be extended for any other reason, including affirmative 

representation, failure to disclose information, or misconduct by the 

personal representative or any other person. Unless sooner barred 

by section 733.212(3), Florida Statutes, all objections to the validity 

of a will, venue, or the jurisdiction of the court must be filed no 

later than the earlier of the entry of an order of final discharge of 

the personal representative, or 1 year after service of the notice of 

administration;

(4) the persons who may be entitled to exempt property 

under section 732.402, Florida Statutes, will be deemed to have 

waived their rights to claim that property as exempt property unless 
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a petition for determination of exempt property is filed by such 

persons or on their behalf on or before the later of the date that is 4 

months after the date of service of a copy of the notice of 

administration on such persons or the date that is 40 days after the 

date of termination of any proceedings involving the construction, 

admission to probate, or validity of the will or involving any other 

matter affecting any part of the exempt property;

(5) that an election to take an elective share must be 

filed on or before the earlier of the date that is 6 months after the 

date of service of a copy of the notice of administration on the 

surviving spouse, an agent under chapter 709, Florida Statutes, or 

a guardian of the property of the surviving spouse; or the date that 

is 2 years after the date of the decedent’s death; and

(6) that, under certain circumstances and by failing to 

contest the will, the recipient of the notice of administration may be 

waiving his or herthe recipient’s right to contest the validity of a 

trust or other writing incorporated by reference into a will; and

(7) that the personal representative or curator has no 

duty to discover whether any property held at the time of the 

decedent’s death by the decedent or the decedent’s surviving spouse 

is property to which the Florida Uniform Disposition of Community 

Property Rights at Death Act as described in sections 732.216-

732.228, Florida Statutes, applies, or may apply, unless a written 

demand is made by the surviving spouse or a beneficiary as 

specified under section 732.2211, Florida Statutes.

(c) Copy of Will. Unless the court directs otherwise, the 

personal representative of a testate estate must, upon written 

request, furnish a copy of the will and all codicils admitted to 

probate to any person on whom the notice of administration was 

served.

(d) Objections. Objections to the validity of the will 

shallmust follow the form and procedure set forth in these rules 

pertaining to revocation of probate. Objections to the venue or 

jurisdiction of the court shallmust follow the form and procedure 

set forth in the Florida Rules of Civil Procedure.
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(e) Waiver of Service. For the purpose of determining 

deadlines established by reference to the date of service of a copy of

the notice of administration in cases in which service has been 

waived, service on a person who has waived notice is deemed to 

occur on the date the waiver is filed.

Committee Notes

Rule History

1977 Revision-2020 Revision: [No Change]

2024 Revision: Subdivision (b)(7) was created to conform to an 

amendment to section 733.212, Florida Statutes, which requires 

the Notice of Administration include a notice that the personal 

representative has no duty to determine if property is subject to the 

Florida Uniform Disposition of Community Property Rights at Death 

Act. Committee notes revised.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.241. NOTICE TO CREDITORS

(a) Publication and Service. Unless creditors’ claims are 

otherwise barred by law, the personal representative shallmust

promptly publish a notice to creditors and serve a copy of the notice 

on all creditors of the decedent who are reasonably ascertainable 

and, if required by law, on the Agency for Health Care 

Administration. Service of the notice shallmust be either by 

informal notice, or in the manner provided for service of formal 

notice at the option of the personal representative. Service on one 

creditor by a chosen method shallwill not preclude service on 

another creditor by another method.
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(b) Contents.

(1) The notice to creditors shallmust contain the name 

of the decedent, the file number of the estate, the designation and 

address of the court, the name and address of the personal 

representative and of the personal representative’s attorney, and 

the date of first publication of the notice to creditors. The notice 

shall requires all creditors to file all claims against the estate with 

the court, within the time provided by law.

(2) The notice must state that the personal 

representative or curator has no duty to discover whether any 

property held at the time of the decedent’s death by the decedent or 

the decedent’s surviving spouse is property to which the Florida 

Uniform Disposition of Community Property Rights at Death Act as 

described in sections 732.216-732.228, Florida Statutes, applies, or 

may apply, unless a written demand is made by a creditor as 

specified under section 732.2211, Florida Statutes. 

(c) Method of Publication and Proof. Publication shallmust

be made as required by law. The personal representative shallmust

file proof of publication with the court within 45 days after the date 

of first publication of the notice to creditors.

(d) Statement Regarding Creditors. Within 4 months after 

the date of the first publication of notice to creditors, the personal 

representative shallmust file a verified statement that diligent 

search has been made to ascertain the name and address of each 

person having a claim against the estate. The statement shallmust

indicate the name and address of each person at that time known 

to the personal representative who has or may have a claim against 

the estate and whether such person was served with the notice to 

creditors or otherwise received actual notice of the information 

contained in the notice to creditors;, provided that the statement 

need not include persons who have filed a timely claim or who were 

included in the personal representative’s proof of claim.

(e) Service of Death Certificate. If service of the notice on 

the Agency for Health Care Administration is required, it shallmust

be accompanied by a copy of the death certificate.
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Committee Notes

It is the committee’s opinion that the failure to timely file the 

proof of publication of the notice to creditors shallwill not affect 

time limitations for filing claims or objections.

On April 19, 1988, the United States Supreme Court decided 

Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 

108 S. Ct. 1340, 99 L. Ed. 2d 565. This case substantially impacted 

the method for handling (and barring) creditors’ claims. This case 

stands for the proposition that a creditor may not be barred by the 

usual publication if that creditor was actually known to or 

reasonably ascertainable by the personal representative, and the 

personal representative failed to give notice to the creditor by mail 

or other means as certain to ensure actual notice. Less than actual 

notice in these circumstances would deprive the creditor of due 

process rights under the 14th Amendment to the U.S. Constitution. 

Probably actual notice of the death (as in the case of a hospital 

where the decedent died as a patient) without notice of the 

institution of probate proceedings is not sufficient.

An elementary and fundamental requirement of due process in 

any proceeding which is to be accorded finality is notice reasonably 

calculated, under all the circumstances, to apprise interested 

persons of the pendency of the proceeding and afford them an 

opportunity to present their claims.

The steps to be taken by a personal representative in 

conducting a diligent search for creditors depends, in large 

measure, on how familiar the personal representative is with the 

decedent’s affairs. Therefore, the committee believes it is 

inappropriate to list particular steps to be taken in each estate, 

since the circumstances will vary from case to case.

The statement required by this rule is not intended to be 

jurisdictional but rather to provide evidence of satisfaction (or lack 

thereof) of the due process requirements.

Rule History

2002 Revision-2019 Revision: [No Change]
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2024 Revision: Subdivision (b)(2) was created to conform to an 

amendment to section 733.2121, Florida Statutes, which requires 

the notice to creditors to include a notice that the personal 

representative has no duty to determine if property is subject to the 

Florida Uniform Disposition of Community Property Rights at Death 

Act. Committee notes revised.

Statutory References

[No Change]

Rule Reference

[No Change]

RULE 5.550. PETITION TO DETERMINE INCAPACITY

(a) Contents. The petition to determine incapacity shallmust

be verified by the petitioner and shallmust state:

(1)-(4) [No Change]

(5) which rights the alleged incapacitated person is 

incapable of exercising to the best of the petitioner’s knowledge; 

and, if the petitioner has insufficient experience to make that 

judgment, the petitioner shallmust so indicate;

(6) [No Change]

(7) the names, relationships, and addresses of the next 

of kin of the alleged incapacitated person, specifying the year of 

birth of any who are minors, to the extent known to the petitioner; 

and 

(8) whether there are possible alternatives to 

guardianship known to the petitioner, including, but not limited to, 

trust agreements, powers of attorney, designations of health care 

surrogates, or other advance directives, or supported 

decisionmaking agreements, and if the petitioner is seeking a 
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guardianship, an explanation as to why the alternatives are 

insufficient to meet the needs of the alleged incapacitated person; 

and

(9) whether the alleged incapacitated person uses 

assistance to exercise the person’s rights, including, but not limited 

to, supported decisionmaking agreements, and if so, why the 

assistance is inappropriate or insufficient to allow the person to 

independently exercise the person’s rights.

(b) Notice.

(1) Contents. The notice of filing the petition to 

determine incapacity shallmust state:

(A)-(C) [No Change]

(2) Service on Alleged Incapacitated Person. The notice 

and a copy of the petition to determine incapacity shallmust be 

personally served by an elisor appointed by the court, who may be 

the court appointed counsel for the alleged incapacitated person. 

The elisor shallmust read the notice to the alleged incapacitated 

person, but need not read the petition. A return of service shallmust

be filed by the elisor certifying that the notice and petition have 

been served on and the notice read to the alleged incapacitated 

person. No responsive pleading is required and no default may be 

entered for failure to file a responsive pleading. The allegations of 

the petition are deemed denied.

(3) Service on Others. A copy of the petition and the 

notice shallmust also be served on counsel for the alleged 

incapacitated person, and on all next of kin.

(c) Verified Statement. An interested person may file a 

verified statement that shall states:

(1)-(2) [No Change] 

(d) Order. When an order determines that a person is 

incapable of exercising delegable rights, it shallmust specify 
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whether there is an alternative to guardianship that will sufficiently 

address the problems of the incapacitated person.

(e) Reports.

(1) [No Change]

(2) Service. Within 3 days after receipt of each 

examining committee member’s report, the clerk shallmust serve 

the report on the petitioner and the attorney for the alleged 

incapacitated person by electronic-mail delivery or United States 

mail, and, upon service, shallmust file a certificate of service in the 

incapacity proceeding. The petitioner and the attorney for the 

alleged incapacitated person must be served with all reports at least 

10 days before the hearing on the petition, unless the reports are 

not complete, in which case the petitioner and attorney for the 

alleged incapacitated person may waive the 10-day requirement and 

consent to the consideration of the report by the court at the 

adjudicatory hearing. If such service is not timely effectuated, the 

petitioner or the alleged incapacitated person may move for a 

continuance of the hearing.

(3) Objections. The petitioner and the alleged 

incapacitated person may object to the introduction into evidence of 

all or any portion of the examining committee members’ reports by 

filing and serving a written objection on the other party no later 

than 5 days before the adjudicatory hearing. The objection must 

state the basis upon which the challenge to admissibility is made. If 

an objection is timely filed and served, the court shallmust apply 

the rules of evidence in determining the reports’ admissibility. For 

good cause shown, the court may extend the time to file and serve 

the written objection.

(f) Adjudicatory Hearing. UpoOn appointment of the 

examining committee, the court shallmust set the date upon which 

the petition will be heard. The adjudicatory hearing must be 

conducted within at least 10 days, which time period may be 

waived, but no more than 30 days after the filing of the last filed 

report of the examining committee members, unless good cause is 

shown.
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Committee Notes

Rule History

1980 Revision - 2020 Revision: [No Change]

2024 Revision: Subdivision (a)(8) amended and new 

subdivision (a)(9) adopted to conform to section 744.3201(2)(d), 

Florida Statutes. Committee notes revised.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.649. GUARDIAN ADVOCATE

(a) Petition for Appointment of Guardian Advocate. A 

petition to appoint a guardian advocate for a person with a 

developmental disability may be executed by an adult person who is 

a resident of this state. The petition must be verified by the 

petitioner and must state:

(1)-(8) [No Change]

(9) whether the petitioner has knowledge, information, 

or belief that the person with a developmental disability has a 

preneed guardian designation; and

(10) whether authority is sought to seek periodic support 

of the person with a developmental disability; and

(11) whether the person with a developmental disability 

uses assistance to exercise the rights of the person, including, but 

not limited to, supported decisionmaking agreements, and if so, 

why the assistance is inappropriate or insufficient to allow the 

person to independently exercise the person’s rights.
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(b) Notice.

(1) Notice of the filing of the petition must be given to 

the person with a developmental disability, both verbally and in 

writing, in the language of the person and in English. Notice must 

also be given to the person with a developmental disability’s next of 

kin, any designated health care surrogate, an agent designated in a 

durable power of attorney, and suchany other persons as the court 

may direct. A copy of tThe petition to appoint a guardian advocate 

must be served with the notice.

(2)-(3) [No Change] 

(c) [No Change]

(d) Order. If the court finds the person with a developmental 

disability requires the appointment of a guardian advocate, the 

order appointing the guardian advocate must contain findings of 

facts and conclusions of law, including:

(1)-(6) [No Change]

(7) if the person may exercise rights with assistance,

and the rights for which the person lacks decisionmaking ability;

(8) the specific legal disabilities to which the person 

with a developmental disability is subject;

(89) the name of the person selected as guardian 

advocate; and

(910)the powers, duties, and responsibilities of the 

guardian advocate, including bonding of the guardian advocate as 

provided by law.

(e) [No Change]

Committee Notes

Rule History
- 15 -

2008 Revision-2023 Revision: [No Change]

2024 Revision: Subdivision (a)(11) added to address statutory 

changes to sections 393.12(3)(a) and 393.12, Florida Statutes. 

Subdivision (d)(7) added to address statutory changes to sections 

393.12(2)(a), Florida Statutes. Committee notes revised.

Statutory References

§ 393.063(9), Fla. Stat. Definitions.

§ 393.12, Fla. Stat. Capacity; appointment of guardian 

advocate.

§§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney 

Act.

§ 709.20109, Fla. Stat. Termination or suspension of power of 

attorney or agent’s authority.

§ 709.2209, Fla. Stat. Supported decisionmaking agreements.

§ 744.3045, Fla. Stat. Preneed guardian.

§ 765.101, Fla. Stat. Definitions.

§ 765.104, Fla. Stat. Amendment or revocation.

§ 765.202, Fla. Stat. Designation of a health care surrogate.

§ 765.204, Fla. Stat. Capacity of principal; procedure.

§ 765.205(3), Fla. Stat. Responsibility of the surrogate.

§ 765.302, Fla. Stat. Procedure for making a living will; notice 

to physician.

§ 765.401, Fla. Stat. The proxy.

Rule References

[No Change]
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RULE 5.681. RESTORATION OF RIGHTS OF PERSON WITH 

DEVELOPMENTAL DISABILITY

(a) Suggestion of Restoration of Rights. A suggestion of 

restoration of rights of a person with a developmental disability may 

be executed by any interested person, including the person with a 

developmental disability. The suggestion must contain:

(1) [No Change]

(2) if other assistance, including supported 

decisionmaking agreements, is an alternative to the continued 

appointment of a guardian advocate;

(3) evidentiary support for the filing as provided by law; 

and

(34) the name and address of the attorney representing 

the person with a developmental disability, if any, known to the 

petitioner.

(b) [No Change]

(c) Notice. UpoOn filing of the suggestion, if the name and 

address of the attorney representing the person with a 

developmental disability is listed in the suggestion, or upon the 

appointment of counsel, if no name and address of an attorney are 

listed in the suggestion, the clerk must immediately send notice of 

the filing of the suggestion, together with a copy of the suggestion, 

to the person with a developmental disability, the person’s guardian 

advocate, the person’s attorney, the attorney for the guardian 

advocate, if any, and any other interested person as directed by the 

court. The notice must contain a statement that all objections to the 

suggestion must be filed within 20 days after service of the notice. 

Formal notice must be served on the guardian advocate. Informal 

notice may be served on the other persons. Notice need not be 

served on the petitioner. The clerk must file proof of service.

(d) Objections. Any objection must be in writing and must 

state with particularity each item to which the objection is directed 
- 17 -

and the grounds on which the objection is based. The objector must 

serve notice of hearing on the objection and a copy of the objection 

on the person with the developmental disability, the person’s 

attorney, the person’s guardian advocate, the attorney for the 

guardian advocate, if any, the next of kin of the person with a 

developmental disability, and any other interested persons as 

directed by the court.

(e) Order. The court must enter an order denying the 

suggestion or restoring all or some of the rights that were granted to 

the guardian advocate. If only some rights are restored to the 

person with a developmental disability, the order must state which 

rights are restored and amend the letters of guardian advocacy 

accordingly. The court need not hold a hearing prior tobefore 

entering an order restoring rights if no objections are filed and the 

court is satisfied with the evidentiary support for restoration

supplied by the petitioner.

(f) Additional Requirements. If personal rights are 

restored, the guardian advocate must file an amended plan within 

60 days after the order restoring rights. If all property rights are 

restored, a guardian advocate previously granted management or 

control over property must file a final accounting within 60 days 

after the order restoring rights. A copy of any amended plan and 

accounting must be promptly served on the person with a 

developmental disability and the person’s attorney.

Committee Notes

Rule History

2008 Revision - 2019 Revision: [No Change]

2024 Revision: Subdivision (a)(2) amended, and subdivision 

(a)(4) added to reflect the legislative change to section 744.464, 

Florida Statutes, for the restoration of rights. Committee notes 

revised.

Statutory References
- 18 -

§ 393.063(9), Fla. Stat. Definitions.

§ 393.12, Fla. Stat. Capacity; appointment of guardian 

advocate.

§§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney 

Act.

§ 709.2209, Fla. Stat. Supported decisionmaking agreements.

§ 744.464, Fla. Stat. Restoration to capacity.

§ 765.101, Fla. Stat. Definitions.

§ 765.104, Fla. Stat. Amendment or revocation.

§ 765.202, Fla. Stat. Designation of a health care surrogate.

§ 765.204, Fla. Stat. Capacity of principal; procedure.

§ 765.205(3), Fla. Stat. Responsibility of the surrogate.

§ 765.302, Fla. Stat. Procedure for making a living will; notice 

to physician.

§ 765.401, Fla. Stat. The proxy.

Rule References

[No Change]
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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 

UNDER 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:
- 20 -

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:
- 21 -

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. a. The petitioner(s) allege(s) that to their knowledge, 

information, and belief, the 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.

b. The petitioner(s) also allege(s) to the petitioner’s knowledge, 

information, and belief, the respondent, has or has NOT 

executed a supported decisionmaking agreement under section 709.2209, 

Florida Statutes.

c. The petitioner(s) allege(s) that the respondent has the 

documents referenced in subdivisions 8.a. or 8.b., but the documents are 

insufficient to meet the needs of the respondent because: (Do not complete if 

the respondent does not have the documents referenced in subdivisions 8.a. 

and 8.b.) 

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): 
- 22 -

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: 
- 23 -

(b) [No Change]

(c) [No Change]