In Re: Amendments to the Florida Probate Rules

Posted on September 26, 2016

In response to recent legislature there has been some recent modifications to the Florida Probate Rules as we see in, In re Amendments to Florida Prob. Rules, No. SC16-1454, 2016 WL 4916772 (Fla. Sept. 15, 2016). The Florida Bar’s Probate Rule Committee has proposed these amendments and the Court has adopted the amendments effective upon publication of the case.

“Rules 5.050 (Transfer of Proceedings); 5.560 (Petition for Appointment of Guardian of an Incapacitated Person); 5.646 (Standby Guardians); 5.648 (Emergency Temporary Guardian); and 5.670 (Termination of Guardianship on Change of Domicile of Resident Ward) are amended to reflect the renumbering of specific statutes, as adopted by the legislature in chapter 2016–40, sections 5, 6, 7, 9, 13, and 14, Laws of Florida. Additionally, rule 5.710 (Reports of Public Guardian) is amended in subdivisions (c), (d), and (e) to reflect the renaming of the Statewide Public Guardianship Office as the Office of Public and Professional Guardians.”

A quick guide to the new statutory references are as follows:

§744.1096 Fla. Stat. Domicile of ward

§744. 1097 Fla. Stat. Venue

§744. 1098 Fla. Stat. Change of ward’s residence

§744.2002 Fla. Stat. Professional guardian registration

§744.3115 Fla. Stat. Advance directives for health care

§744. 3201 Fla. Stat. Petition to determine incapacity

§744.2005 Fla. Stat. Order of appointment

§744. 2006 Fla. Stat. Office of public guardian; appointment, notification

§765. 102 Fla. Stat. Legislative intent and findings

§744. 2005 Fla. Stat. Order of Appointment

§744. 2001- 744. 2109 Fla. Stat. Public Guardianship Act.

If you or anyone you know is in need of representation in actions involving Guardianship, Probate and/or Trust Disputes, or questions pertaining to such proceedings, please contact The Law Offices of Glenn M. Mednick, P.L., at (954) 315-1154 or gmednick@mednicklawgroup.com.

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