Florida Probate Rule 5.590
Application for Appointment as Guardian; Disclosure Statement; Filing
- (a)Individual Applicants.
- (1)The application for appointment shall contain:
- (A)the applicant’s qualifications to serve as a guardian, including a statement indicating whether the applicant has ever been (i) arrested or (ii) convicted of a felony, even if the record of such arrest or conviction has been expunged, unless the expunction was ordered pursuant to section 943.0583, Florida Statutes; and
- (B)the names of all wards who are adults and the initials of any ward who is a minor for whom the applicant is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the applicant is acting as a limited or plenary guardian of the person or property, or both, of each ward.
- (A)
- (2)The application for appointment shall be filed and served a reasonable time before the hearing on the appointment of a guardian.
- (1)
- (b)Nonprofit Corporate Guardians.
- (1)No application for appointment shall be required of a nonprofit corporate guardian.
- (2)A disclosure statement shall contain:
- (A)the corporation’s qualifications to serve as a guardian; and
- (B)the names of all wards who are adults and the initials of any ward who is a minor for whom the corporation is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the corporation is acting as a limited or plenary guardian of the person or property, or both, of each ward.
- (A)
- (3)The disclosure statement of a nonprofit corporate guardian shall be filed quarterly with the clerk of the court for each circuit in which the corporation has been appointed, or is seeking appointment, as guardian.
- (1)
- (c)For Profit Corporations and Associations. No application for appointment or disclosure statement shall be required of any for profit corporation or association authorized to exercise fiduciary powers under Florida law.
- (d)Public Guardians. No application for appointment or disclosure statement shall be required of a public guardian.
Notes
Rule History
- 1988
- Prior rule deleted; text of rule moved to rule 5.650.
- 1989
- Rule reactivated with different title and text.
- 1991
- Implements 1989 and 1990 amendments to section 744.3125, Florida Statutes.
- 1992
- Citation form change in committee notes.
- 1996
- Adds filing and service provisions consistent with rule 5.560. Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references.
- 2003
- Committee notes revised.
- 2006
- Committee notes revised.
- 2008
- Committee notes revised.
- 2014
- Amends subdivisions (a)(1)(B) and (b)(1)(B) to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Creates a rule reference. Committee notes revised.
- 2014
- Amends subdivision (a)(1)(A) to conform to sections 744.309(3), 943.0583, and 943.0585, Florida Statutes. Committee notes revised.
References
Statutory References
- § 393.063(17), Fla. Stat. Definitions.
- § 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
- § 744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions.
- § 744.3085, Fla. Stat. Guardian advocates.
- § 744.309, Fla. Stat. Who may be appointed guardian of a resident ward.
- § 744.3125, Fla. Stat. Application for appointment.
- § 744.331(1), Fla. Stat. Procedures to determine incapacity.
- § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.
- § 943.0583, Fla. Stat. Human trafficking victim expunction.
- § 943.0585, Fla. Stat. Court-ordered expunction of criminal history records.
Rule References
- Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.