Florida Probate Rule 5.660

Proceedings for Removal of Guardian

Text of the rules effective October 1, 2026.

  1. (a)
    Notice. Proceedings for removal of a guardian may be instituted by a court, by any surety or other interested person, or by the ward, and formal notice of the petition for removal of a guardian must be served on all guardians, other interested persons, next of kin, and the ward. The pleading must state with particularity the reasons why the guardian should be removed.
  2. (b)
    Accounting. A removed guardian must file with the court an accounting for the guardianship within 20 days after the guardian’s removal. The accounting must be served on the successor guardian and the ward, unless the ward is a minor or has been determined to be totally incapacitated.
  3. (c)
    Transfer of Property and Records. The removed guardian (or the guardian’s heirs, personal representative, or surety) must turn over all the property of the ward in the removed guardian’s control and all guardianship records to the duly qualified successor. The successor guardian must, or the ward may, demand of the removed guardian (or the guardian’s heirs, personal representative, or surety) all of those items.
  4. (d)
    Failure to Comply. If a removed guardian fails to file a true, complete, and final accounting for the guardianship or to turn over to the successor all property of the ward in the removed guardian’s control and all guardianship records, the court must issue a show-cause order.
  5. (e)
    Guardian Advocates. Subdivisions (b) through (d) of this rule must apply to guardian advocates only to the extent that the guardian advocate was granted authority over the property of the person with a developmental disability.

Notes

Rule History
1977
No change in rule. Change in committee notes to conform to statutory renumbering.
1980
Subdivision (a) amended to specifically authorize any guardian or next of kin to file the petition and to require formal notice in conformity with rule 5.630(b).
1984
Subdivision (b) amended to conform to statute. Editorial changes and committee notes revised.
1988
Subdivision (a) rewritten for clarity. Language in (b) deleted as surplusage. Editorial change in caption of (c). Committee notes revised. Citation form change in committee notes.
1989
Prior rule deleted and replaced by temporary emergency rule.
1991
Subdivision (a) amended to require that the petition allege specific reasons why the guardian should be removed and to require service of the petition on the ward. Otherwise, editorial changes in all subdivisions.
1992
Citation form changes in committee notes.
2006
Requirement in (b) to serve minors deleted to conform to 2006 amendment to section 744.511, Florida Statutes.
2008
Subdivision (e) added to include guardian advocates. Committee notes revised.
2012
Committee notes revised.
2013
Subdivision (b) revised to conform to section 744.511, Florida Statutes. Committee notes revised. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in AOSC06-14.
2026
Committee notes revised.

References

Statutory References

  • § 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
  • § 744.3085, Fla. Stat. Guardian advocates.
  • § 744.474, Fla. Stat. Reasons for removal of guardian.
  • § 744.477, Fla. Stat. Proceedings for removal of a guardian.
  • § 744.511, Fla. Stat. Accounting upon removal.
  • § 744.514, Fla. Stat. Surrender of property upon removal.
  • § 744.517, Fla. Stat. Proceedings for contempt.

Rule References