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FL · rules

Fla. Prob. R. 5.647

Surrogate Guardian

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

(a) Petition for Designation of Surrogate Guardian. A

guardian may file a petition to designate a surrogate guardian to

exercise the powers of the guardian if the guardian is unavailable to

act. The surrogate must be a professional guardian. The petition

shall state:

(1) the name and business address of the surrogate

guardian;

(2) the requested duration of the appointment; and

(3) the powers to be exercised by the surrogate

guardian.

(b) Service. The petition for appointment of a surrogate

guardian shall be served on all interested persons and the ward,

unless the ward is a minor.

(c) Oath. The surrogate guardian must file with the court an

oath swearing or affirming that the surrogate guardian will

faithfully perform the duties delegated.

(d) Termination. Prior to the expiration of the period

granted by court order, the guardian may terminate the authority of

the surrogate guardian by filing a written notice of the termination

with the court and serving it on the surrogate guardian.

History

Committee Notes Rule History 2006 Revision: New rule. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.442, Fla. Stat. Delegation of authority.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
7b4bfa34da5d623a77a382d3f8875a71a202a380c8a7f61d4b12ee54b929faf9
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Fla. Prob. R. 5.647 — Surrogate Guardian · binding.law