Florida Probate Rule 5.610

Execution by Guardian

Text of the rules effective October 1, 2026.

The guardian shall sign the:

  1. (a)
    initial guardianship plan;
  2. (b)
    inventory, amended inventory, or supplemental inventory;
  3. (c)
    annual guardianship plan;
  4. (d)
    annual accounting;
  5. (e)
    guardian’s petition for court approval required by law;
  6. (f)
    petition for discharge;
  7. (g)
    final report; and
  8. (h)
    resignation of guardian.

Notes

Rule History
1975
Rule lists what guardian shall sign and includes any petition for court approval required by section 744.441, Florida Statutes. The rule requires that the guardian have actual knowledge of the more important steps and acts of administration.
1977
Change in statutory reference in rule and in committee note to conform to statutory renumbering.
1988
Editorial changes. Committee notes revised. Citation form changes in rule and committee notes.
1989
Prior rule deleted and replaced by temporary emergency rule.
1991
Changes to conform to 1989 and 1990 revisions to guardianship law. Adds additional documents to be signed by the guardian. Statutory references added.
2003
Committee notes revised.
2008
Committee notes revised.

References

Statutory References

  • § 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
  • § 744.362, Fla. Stat. Initial guardianship report.
  • § 744.363, Fla. Stat. Initial guardianship plan.
  • § 744.365, Fla. Stat. Verified inventory.
  • § 744.367, Fla. Stat. Duty to file annual guardianship report.
  • § 744.3675, Fla. Stat. Annual guardianship plan.
  • § 744.3678, Fla. Stat. Annual accounting.
  • § 744.387, Fla. Stat. Settlement of claims.
  • § 744.441, Fla. Stat. Powers of guardian upon court approval.
  • § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.
  • § 744.447, Fla. Stat. Petition for authorization to act.
  • § 744.451, Fla. Stat. Order.
  • § 744.467, Fla. Stat. Resignation of guardian.
  • § 744.511, Fla. Stat. Accounting upon removal.
  • § 744.521, Fla. Stat. Termination of guardianship.
  • § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward.
  • § 744.527(1), Fla. Stat. Final reports and application for discharge; hearing.
  • § 744.534, Fla. Stat. Disposition of unclaimed funds held by guardian.