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FL · rules

Fla. Prob. R. 5.552

Voluntary Guardianship of Property

activein force · 2026-07-16 – presentact-effective-date

(a) Petition for Appointment of Guardian. The petition for

voluntary guardianship shall be verified by the petitioner and shall

state:

(1) the facts to establish venue;

(2) the petitioner’s residence and post office address;

(3) that the petitioner although mentally competent is

incapable of the care, custody, and management of the petitioner’s

estate by reason of age or physical infirmity, and is voluntarily

petitioning to have a guardian of the petitioner’s property

appointed;

(4) whether the guardianship shall apply to all of the

petitioner’s property or less than all of the petitioner’s property; and

if less than all of the petitioner’s property, the specific property to

which the guardianship is to apply;

(5) the name and residence and post office address of

any proposed guardian;

(6) that the proposed guardian is qualified to serve or

that a willing and qualified proposed guardian has not been located;

and

(7) the names and post office addresses of persons to

whom the petitioner requests that notice of the hearing for the

appointment of the guardian, and any petition for authority to act,

be given.

(b) Certificate of Licensed Physician. The petition shall be

accompanied by a certificate of a licensed physician as required by

law.

(c) Notice of Hearing. Notice of hearing on the petition for

appointment, and any petition for authority to act, shall be given to

the ward and any person to whom the ward requests notice be

given, which request can be made in the petition for appointment or

a subsequent written request for notice signed by the ward.

(d) Annual Report. The annual report shall be accompanied

by a certificate from a licensed physician as required by law.

(e) Termination. The ward may terminate a voluntary

guardianship by filing a notice of termination. Copies of the notice

shall be served on all interested persons. The guardian shall file a

petition for discharge in accordance with these rules.

History

Committee Notes Rule History 2003 Revision: New rule. 2006 Revision: New (d) added to incorporate 2006 amendment to section 744.341, Florida Statutes, requiring inclusion of physician’s certificate in annual report, and subsequent subdivision relettered. Committee notes revised. Statutory Reference § 744.341, Fla. Stat. Voluntary guardianship. Rule Reference Fla. Prob. R. 5.680 Termination of guardianship. Fla. Prob. R. 5.695 Annual guardianship report.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
c4fa3505d641cf11411adf9ced96125d0ee65dd21fab2024d7115b88629a999b
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