Rule 5.560. Petition for Appointment of Guardian of An Incapacitated Person


(a) Contents. The petition shall be verified by the petitioner and shall state:

(1) The facts to establish venue;
(2) The petitioner’s residence and post office address;
(3) The name, age, and residence and post office address of the alleged incapacitated person;
(4) The nature of the incapacity, the extent of guardianship, either limited or plenary, requested for the alleged incapacitated person, and the nature and value of property subject to the guardianship;
(5) The names and addresses of the next of kin of the alleged incapacitated person known to the petitioner;
(6) The name and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve, or that a willing and qualified guardian has not been located;
(7) The proposed guardian’s relationship to and any previous association with the alleged incapacitated person;
(8) The reasons why the proposed guardian should be appointed;
(9) Whether there are possible alternatives to guardianship known to the petitioner, including, but not limited to, trust agreements, powers of attorney, surrogates, or advance directives; and
(10) If the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 744.2002, Florida Statutes.

(b) Notice. Notice of filing the petition for appointment of guardian may be served as a part of the notice of filing the petition to determine incapacity, but shall be served a reasonable time before the hearing on the petition or other pleading seeking appointment of a guardian.

(c) Service on Public Guardian. If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian.

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