Bindinglaw

FL · rules

Fla. Prob. R. 5.900

Expedited Judicial Intervention Concerning Medical Treatment Procedures

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

(a) Petition. Any proceeding for expedited judicial

intervention concerning medical treatment procedures may be

brought by any interested adult person and shall be commenced by

the filing of a verified petition which states:

(1) the name and address of the petitioner;

(2) the name and location of the person who is the

subject of the petition (hereinafter referred to as the “patient”);

(3) the relationship of the petitioner to the patient;

(4) the names, relationship to the patient, and

addresses if known to the petitioner, of:

(A) the patient’s spouse and adult children;

(B) the patient’s parents (if the patient is a minor);

(C) if none of the above, the patient’s next of kin;

(D) any guardian and any court-appointed health

care decision-maker;

(E) any person designated by the patient in a

living will or other document to exercise the patient’s health care

decision in the event of the patient’s incapacity;

(F) the administrator of the hospital, nursing

home, or other facility where the patient is located;

(G) the patient’s principal treating physician and

other physicians known to have provided any medical opinion or

advice about any condition of the patient relevant to this petition;

and

(H) all other persons the petitioner believes may

have information concerning the expressed wishes of the patient;

and

(5) facts sufficient to establish the need for the relief

requested, including, but not limited to, facts to support the

allegation that the patient lacks the capacity to make the requisite

medical treatment decision.

(b) Supporting Documentation. Any affidavits and

supporting documentation, including any living will or designation

of health care decision-maker, shall be attached to the petition.

(c) Notice. Unless waived by the court, notice of the petition

and the preliminary hearing shall be served on the following

persons who have not joined in the petition or otherwise consented

to the proceedings:

(1) the patient;

(2) the patient’s spouse and the patient’s parents, if the

patient is a minor;

(3) the patient’s adult children;

(4) any guardian and any court-appointed health care

decision-maker;

(5) any person designated by the patient in a living will

or other document to exercise the patient’s health care decision in

the event of the patient’s incapacity;

(6) the administrator of the hospital, nursing home, or

other facility where the patient is located;

(7) the patient’s principal treating physician and other

physicians believed to have provided any medical opinion or advice

about any condition of the patient relevant to this petition;

(8) all other persons the petitioner believes may have

information concerning the expressed wishes of the patient; and

(9) such other persons as the court may direct.

(d) Hearing. A preliminary hearing on the petition shall be

held within 72 hours after the filing of the petition. At that time the

court shall review the petition and supporting documentation. In its

discretion the court shall either:

(1) rule on the relief requested immediately after the

preliminary hearing; or

(2) conduct an evidentiary hearing not later than 4

days after the preliminary hearing and rule on the relief requested

immediately after the evidentiary hearing.

History

Committee Notes This rule was submitted by the committee in response to the request contained in footnote 17 of In re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990). See also Cruzan by Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, 110 S. Ct. 2841, 111 L. Ed .2d 224 (1990). The promulgation of this rule is not intended to imply that judicial intervention is required to terminate life-prolonging procedures. Practitioners should note that the criteria and standards of proof contained in Browning differ from the criteria and standards of proof presently existing in chapter 765, Florida Statutes. Rule History 1991 Revision: New rule. 1992 Revision: This rule was created on an emergency basis and on further review, the committee decided it needed to clarify that the petition should include an allegation that the patient lacks capacity to make the requisite medical treatment decision, and that the patient should receive notice of the petition and hearing. Committee notes revised. Citation form changes in committee notes. 2008 Revision: Committee notes revised. 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. 2020 Revision, September 3, 2020: Rule was renumbered from 5.900 to 5.850 to allow forms to follow the rules set. Committee notes revised. 2020 Revision, December 31, 2020: Rule was renumbered from 5.850 to 5.900 to conform with statutory references. Committee notes revised. Constitutional Reference Art. I, § 23, Fla. Const. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.2101–709.2402, Fla. Stat. Florida Power of Attorney Act. § 709.2109, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 731.302, Fla. Stat. Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions. § 744.104, Fla. Stat. Verification of documents. § 744.3115, Fla. Stat. Advance directives for health care. ch. 765, Fla. Stat. Health care advance directives. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. PART V — FORMS The following forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. The forms are not intended to be part of the rules and are provided for convenience only.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
d50923b21af516c1d38aab8cd63baaf150fa409d6dc9d750cca6abac94ab516b
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.