Fla. Prob. R. 5.550

(a) Contents. The petition to determine incapacity must be

verified by the petitioner and must state:

(1) the name, age, and present address of the petitioner

and the petitioner’s relationship to the alleged incapacitated person;

(2) the name, age, county of residence, and present

address of the alleged incapacitated person, and specify the primary

language spoken by the alleged incapacitated person, if known;

(3) that the petitioner believes the alleged incapacitated

person to be incapacitated, the facts on which the belief is based,

and the names and addresses of all persons known to the petitioner

who have knowledge of the facts through personal observation;

(4) the name and address of the alleged incapacitated

person’s attending or family physician, if known;

(5) which rights the alleged incapacitated person is

incapable of exercising to the best of the petitioner’s knowledge;

and, if the petitioner has insufficient experience to make that

judgment, the petitioner must so indicate;

(6) whether plenary or limited guardianship is sought

for the alleged incapacitated person;

(7) the names, relationships, and addresses of the next

of kin of the alleged incapacitated person, specifying the year of

birth of any who are minors, to the extent known to the petitioner;

(8) whether there are possible alternatives to

guardianship known to the petitioner, including, but not limited to,

trust agreements, powers of attorney, designations of health care

surrogates, other advance directives, and if the petitioner is seeking

a guardianship, an explanation as to why the alternatives are

insufficient to meet the needs of the alleged incapacitated person;

and

(9) whether the alleged incapacitated person uses

assistance to exercise the person’s rights, including, but not limited

to, supported decisionmaking, and if so, why the assistance is

inappropriate or insufficient to allow the person to independently

exercise the person’s rights.

(b) Notice.

(1) Contents. The notice of filing the petition to

determine incapacity must state:

(A) the time and place of the hearing to inquire

into the capacity of the alleged incapacitated person;

(B) that an attorney has been appointed to

represent the alleged incapacitated person; and

(C) that if the court determines that the alleged

incapacitated person is incapable of exercising any of the rights

enumerated in the petition a guardian may be appointed.

(2) Service on Alleged Incapacitated Person. The notice

and a copy of the petition to determine incapacity must be

personally served by an elisor appointed by the court, who may be

the court-appointed counsel for the alleged incapacitated person.

The elisor must read the notice and petition to the alleged

incapacitated person. A return of service must be filed by the elisor

certifying that the notice and petition have been served on and read

to the alleged incapacitated person. No responsive pleading is

required and no default may be entered for failure to file a

responsive pleading. The allegations of the petition are deemed

denied.

(3) Service on Others. A copy of the petition and the

notice must also be served on counsel for the alleged incapacitated

person, and on all next of kin.

(c) Verified Statement. An interested person may file a

verified statement that states:

(1) that the interested person has a good faith belief

that the alleged incapacitated person’s trust, trust amendment, or

durable power of attorney is invalid; and

(2) facts constituting a reasonable basis for that belief.

(d) Order. When an order determines that a person is

incapable of exercising delegable rights, it must specify whether

there is an alternative to guardianship that will sufficiently address

the problems of the incapacitated person.

(e) Reports.

(1) Filing. Each member of the examining committee

must file the examining committee member’s report with the clerk

of the court within 15 days after appointment.

(2) Service. Within 3 days after receipt of each

examining committee member’s report, the clerk must serve the

report on the petitioner and the attorney for the alleged

incapacitated person by e-mail or United States mail, and, on

service, must file a certificate of service in the incapacity

proceeding. The petitioner and the attorney for the alleged

incapacitated person must be served with all reports at least 10

days before the hearing on the petition, unless the reports are not

complete, in which case the petitioner and attorney for the alleged

incapacitated person may waive the 10-day requirement and

consent to the consideration of the report by the court at the

adjudicatory hearing. If service is not timely effectuated, the

petitioner or the alleged incapacitated person may move for a

continuance of the hearing.

(3) Objections. The petitioner and the alleged

incapacitated person may object to the introduction into evidence of

all or any portion of the examining committee members’ reports by

filing and serving a written objection on the other party no later

than 5 days before the adjudicatory hearing. The objection must

state the basis on which the challenge to admissibility is made. If

an objection is timely filed and served, the court must apply the

rules of evidence in determining the reports’ admissibility. For good

cause shown, the court may extend the time to file and serve the

written objection.

(f) Adjudicatory Hearing. On appointment of the examining

committee, the court must set the date on which the petition will be

heard. The adjudicatory hearing must be conducted within at least

10 days, which time period may be waived, but no more than 30

days after the filing of the last filed report of the examining

committee members, unless good cause is shown.