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Fla. Prob. R. 5.705

Petition for Interim Judicial Review

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

(a) Contents. A petition for interim judicial review shall be

verified, state the petitioner’s interest in the proceeding, state with

particularity the manner in which the guardian’s action or proposed

action does not comply with or exceeds the guardian’s authority

under the guardian plan, or state that the guardian is acting in a

manner contrary to section 744.361, Florida Statutes, and state

why the action, proposed action, or conduct of the guardian is not

in the best interest of the ward.

(b) Service. The petition shall be served by formal notice.

(c) Hearing. The petitioner or any interested person may set

the matter for hearing.

(d) Expedited Proceedings. For good cause shown, the

court may shorten the time for response to the formal notice and

may set an expedited hearing.

History

Committee Notes Rule History 1991 Revision: New rule. 2000 Revision: Subdivision (d) added to permit expedited proceedings. 2008 Revision: Committee notes revised. 2015 Revision: Subdivision (a) amended to conform to changes in sections 744.361 and 744.3715, Florida Statutes. Citation revised in committee notes. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.361, Fla. Stat. Powers and duties of guardian. § 744.3715, Fla. Stat. Petition for interim judicial review.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
5d11b2448f260a9ef1147cee932ef88461e9dfb8f57f1402deb607285f650840
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