Fla. Prob. R. 5.647

As amended through March 26, 2024
Rule 5.647 - SURROGATE GUARDIAN
(a) Petition for Designation of Surrogate Guardian. A guardian may file a petition to designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. The surrogate must be a professional guardian. The petition shall state:
(1) the name and business address of the surrogate guardian;
(2) the requested duration of the appointment; and
(3) the powers to be exercised by the surrogate guardian.
(b) Service. The petition for appointment of a surrogate guardian shall be served on all interested persons and the ward, unless the ward is a minor.
(c) Oath. The surrogate guardian must file with the court an oath swearing or affirming that the surrogate guardian will faithfully perform the duties delegated.
(d) Termination. Prior to the expiration of the period granted by court order, the guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court and serving it on the surrogate guardian.

FL. Prob. R. 5.647

Added by 948 So.2d 735, effective 2/1/2007.

Committee Notes

Rule History

2006 Revision: New rule.

2008 Revision: Committee notes revised.

Statutory References

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

§ 744.442, Fla. Stat. Delegation of authority.