Florida Probate Rule 5.555
RULE 5.555. GUARDIANSHIPS OF MINORS
(a) Application. This rule shall apply to any guardianship
for a minor.
(b) Petition to Determine Incapacity. No petition to
determine incapacity need be filed.
(c) Petition for Appointment of Guardian. The petition
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) the name, age, and residence and post office
address of the minor;
(4) the names and addresses of the parents of the
minor and if none, the next of kin known to the petitioner;
(5) the name and residence and post office address of
the proposed guardian, and that the proposed guardian is qualified
to serve; or, that a willing and qualified guardian has not been
located;
(6) the proposed guardian’s relationship to and any
previous association with the minor, including listing any activities
designated in section 744.446(3), Florida Statutes;
(7) the reasons why the proposed guardian should be
appointed;
(8) the nature and value of the property subject to the
guardianship; and
(9) whether there are possible alternatives to
guardianship known to the petitioner, including but not limited to,
trust agreements, powers of attorney, surrogates, guardian
advocate under section 744.3085, Florida Statutes, or advance
directive and why those possible alternatives are insufficient to
meet the needs of the minor.
(d) Notice. Formal notice of the petition for appointment of
guardian shall be served on any parent who is not a petitioner or, if
there is no parent, on the persons with whom the minor resides and
on such other persons as the court may direct.
(e) Initial and Annual Guardianship Reports.
(1) The initial guardianship report shall consist only of
the verified inventory. The annual guardianship report shall consist
only of the annual accounting.
(2) The guardian shall file an initial and annual
guardianship plan as required by law.
(3) Unless otherwise ordered by the court or required
by law, the guardian need not serve a copy of the initial
guardianship report and the annual guardianship reports on the
ward.
(f) Inspection of Inventory or Accounting. Unless
otherwise ordered by the court for good cause shown, any
inventory, amended or supplementary inventory, or accounting is
subject to inspection only by the clerk, the ward or the ward’s
attorney, and the guardian or the guardian’s attorney.
Committee Notes
The provisions of chapter 744, Florida Statutes, and the
guardianship rules enacted in 1989 leave some uncertainty with
respect to the procedural requirements in guardianships for minors
who are not incapacitated persons. This rule is intended to address
only certain procedures with respect to the establishment and
administration of guardianships over minors. The committee
believes that certain provisions of the guardianship law and rules
apply to both guardianships of minors as well as guardianships of
incapacitated persons and no change has been suggested with
respect to such rules. Because no adjudication of a minor is
required by statute, it is contemplated that appointment of a
guardian for a minor may be accomplished without a hearing.
Initial and annual guardianship reports for minors have been
simplified where all assets are on deposit with a designated
financial institution under applicable Florida law.
Rule History
1991 Revision: New rule adopted to apply to guardianships
over minors who are not incapacitated persons.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Committee notes revised.
2000 Revision: Deletes requirement in subdivision (c) to report
social security number of proposed guardian.
2003 Revision: Deletes requirement in subdivision (c) to report
social security number of minor. Committee notes revised.
2006 Revision: Subdivision (e)(2) amended to conform to
requirement in sections 744.362(1) and 744.3675, Florida Statutes,
to file initial and annual guardianship plans. Subdivision (e)(3)
amended to eliminate requirement of service on ward unless
ordered by court or required by statute.
2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4) –
(5) provides exceptions for using the birth date of any minor
“whenever the birth date is necessary for the court to establish or
maintain subject matter jurisdiction,” as well as using the full name
in situations in which the “name of the minor in any order relating
to parental responsibility, time-sharing, or child support.”
Committee notes revised.
2020 Revision: Subdivision (c)(6) amended to include reference
to section 744.446, Florida Statutes, and subdivision (c)(9)
amended to conform to section 744.334, Florida Statutes, and the
list of alternatives to guardianships.
2021 Revision: Committee notes revised.
Statutory References
§ 69.031, Fla. Stat. Designated financial institutions for
property in hands of guardians, curators, administrators, trustees,
receivers, or other officers.
§ 744.3021, Fla. Stat. Guardians of minors.
§ 744.3085, Fla. Stat. Guardian advocates.
§ 744.334, Fla. Stat. Petition for appointment of guardian or
professional guardian; contents.
§ 744.3371(2), Fla. Stat. Notice of petition for appointment of
guardian and hearing.
§ 744.342, Fla. Stat. Minors; guardianship.
§ 744.362, Fla. Stat. Initial guardianship report.
§ 744.363, Fla. Stat. Initial guardianship plan.
§ 744.365, Fla. Stat. Verified inventory.
§ 744.367, Fla. Stat. Duty to file annual guardianship report.
§ 744.3675, Fla. Stat. Annual guardianship plan.
§ 744.3678, Fla. Stat. Annual accounting.
§ 744.3679, Fla. Stat. Simplified accounting procedures in
certain cases.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited activities;
court approval; breach of fiduciary duty.
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.541 Recording of hearings.
Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.
Fla. Prob. R. 5.620 Inventory.
Fla. Prob. R. 5.636 Settlement of minors’ claims.
Fla. Prob. R. 5.690 Initial guardianship report.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.
(a) Application. This rule shall apply to any guardianship
for a minor.
(b) Petition to Determine Incapacity. No petition to
determine incapacity need be filed.
(c) Petition for Appointment of Guardian. The petition
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) the name, age, and residence and post office
address of the minor;
(4) the names and addresses of the parents of the
minor and if none, the next of kin known to the petitioner;
(5) the name and residence and post office address of
the proposed guardian, and that the proposed guardian is qualified
to serve; or, that a willing and qualified guardian has not been
located;
(6) the proposed guardian’s relationship to and any
previous association with the minor, including listing any activities
designated in section 744.446(3), Florida Statutes;
(7) the reasons why the proposed guardian should be
appointed;
(8) the nature and value of the property subject to the
guardianship; and
(9) whether there are possible alternatives to
guardianship known to the petitioner, including but not limited to,
trust agreements, powers of attorney, surrogates, guardian
advocate under section 744.3085, Florida Statutes, or advance
directive and why those possible alternatives are insufficient to
meet the needs of the minor.
(d) Notice. Formal notice of the petition for appointment of
guardian shall be served on any parent who is not a petitioner or, if
there is no parent, on the persons with whom the minor resides and
on such other persons as the court may direct.
(e) Initial and Annual Guardianship Reports.
(1) The initial guardianship report shall consist only of
the verified inventory. The annual guardianship report shall consist
only of the annual accounting.
(2) The guardian shall file an initial and annual
guardianship plan as required by law.
(3) Unless otherwise ordered by the court or required
by law, the guardian need not serve a copy of the initial
guardianship report and the annual guardianship reports on the
ward.
(f) Inspection of Inventory or Accounting. Unless
otherwise ordered by the court for good cause shown, any
inventory, amended or supplementary inventory, or accounting is
subject to inspection only by the clerk, the ward or the ward’s
attorney, and the guardian or the guardian’s attorney.
Committee Notes
The provisions of chapter 744, Florida Statutes, and the
guardianship rules enacted in 1989 leave some uncertainty with
respect to the procedural requirements in guardianships for minors
who are not incapacitated persons. This rule is intended to address
only certain procedures with respect to the establishment and
administration of guardianships over minors. The committee
believes that certain provisions of the guardianship law and rules
apply to both guardianships of minors as well as guardianships of
incapacitated persons and no change has been suggested with
respect to such rules. Because no adjudication of a minor is
required by statute, it is contemplated that appointment of a
guardian for a minor may be accomplished without a hearing.
Initial and annual guardianship reports for minors have been
simplified where all assets are on deposit with a designated
financial institution under applicable Florida law.
Rule History
1991 Revision: New rule adopted to apply to guardianships
over minors who are not incapacitated persons.
1992 Revision: Committee notes revised. Citation form
changes in committee notes.
1996 Revision: Committee notes revised.
2000 Revision: Deletes requirement in subdivision (c) to report
social security number of proposed guardian.
2003 Revision: Deletes requirement in subdivision (c) to report
social security number of minor. Committee notes revised.
2006 Revision: Subdivision (e)(2) amended to conform to
requirement in sections 744.362(1) and 744.3675, Florida Statutes,
to file initial and annual guardianship plans. Subdivision (e)(3)
amended to eliminate requirement of service on ward unless
ordered by court or required by statute.
2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4) –
(5) provides exceptions for using the birth date of any minor
“whenever the birth date is necessary for the court to establish or
maintain subject matter jurisdiction,” as well as using the full name
in situations in which the “name of the minor in any order relating
to parental responsibility, time-sharing, or child support.”
Committee notes revised.
2020 Revision: Subdivision (c)(6) amended to include reference
to section 744.446, Florida Statutes, and subdivision (c)(9)
amended to conform to section 744.334, Florida Statutes, and the
list of alternatives to guardianships.
2021 Revision: Committee notes revised.
Statutory References
§ 69.031, Fla. Stat. Designated financial institutions for
property in hands of guardians, curators, administrators, trustees,
receivers, or other officers.
§ 744.3021, Fla. Stat. Guardians of minors.
§ 744.3085, Fla. Stat. Guardian advocates.
§ 744.334, Fla. Stat. Petition for appointment of guardian or
professional guardian; contents.
§ 744.3371(2), Fla. Stat. Notice of petition for appointment of
guardian and hearing.
§ 744.342, Fla. Stat. Minors; guardianship.
§ 744.362, Fla. Stat. Initial guardianship report.
§ 744.363, Fla. Stat. Initial guardianship plan.
§ 744.365, Fla. Stat. Verified inventory.
§ 744.367, Fla. Stat. Duty to file annual guardianship report.
§ 744.3675, Fla. Stat. Annual guardianship plan.
§ 744.3678, Fla. Stat. Annual accounting.
§ 744.3679, Fla. Stat. Simplified accounting procedures in
certain cases.
§ 744.446, Fla. Stat. Conflicts of interest; prohibited activities;
court approval; breach of fiduciary duty.
Rule References
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.541 Recording of hearings.
Fla. Prob. R. 5.560 Petition for appointment of guardian of an
incapacitated person.
Fla. Prob. R. 5.620 Inventory.
Fla. Prob. R. 5.636 Settlement of minors’ claims.
Fla. Prob. R. 5.690 Initial guardianship report.
Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the
Filing of Sensitive Information.