Florida Probate Rule 5.541

Recording of Hearings

Text of the rules effective October 1, 2026.

Electronic or stenographic recordings shall be made of all hearings on the:

  1. (a)
    adjudication of incapacity;
  2. (b)
    appointment of a guardian;
  3. (c)
    modification, termination, or revocation of the adjudication of incapacity;
  4. (d)
    restoration of capacity; or
  5. (e)
    restoration of rights.

Notes

Committee Notes

This rule represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida Statutes. It is not intended to change the effect of the statutes from which it is derived, or to create a new procedure or modify an existing procedure.

Rule History
1991
New rule.
1992
Editorial changes. Committee notes revised. Citation form change in committee notes.
2003
Committee notes revised.
2008
New subdivision (e) added for proceedings involving guardian advocates. Committee notes revised.

References

Statutory References

  • § 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
  • § 744.109, Fla. Stat. Records.
  • § 744.3031, Fla. Stat. Emergency temporary guardianship.
  • § 744.3085, Fla. Stat. Guardian advocates.
  • § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.