RULE 5.650. RESIGNATION OR DISQUALIFICATION OF
GUARDIAN; APPOINTMENT OF SUCCESSOR

(a) Resignation and Petition for Discharge. A guardian
seeking to resign shall file a resignation and petition for discharge.

(b) Contents. The resignation and petition for discharge
shall state:

(1) that the guardian wishes to resign and be relieved of
all duties as guardian:

(2) the amount of compensation to be paid to the
guardian and to the attorneys, accountants, or other agents
employed by the guardian; and

(3) the names and addresses of the successor guardian
and the successor guardian’s attorney, or that a successor guardian
has not yet been appointed or duly qualified.

(c) Final Report. A resigning guardian of the property shall
file a final report showing receipts, disbursements, amounts
reserved for unpaid and anticipated costs and fees, and other
relevant financial information from the date of the previous annual
accounting, and a list of assets to be turned over to the successor
guardian.

(d) Notice. A notice shall be served stating that:

(1) any objection shall be in writing and shall state with
particularity each item to which the objection is directed and the
grounds on which the objection is based;
(2) any objection to the resignation, petition for
discharge, or final report shall be filed within 30 days from the date
of service of the petition for discharge; and

(3) within 90 days after filing of the objection, a notice
of hearing thereon shall be served or the objection is abandoned.

(e) Service. A copy of the resignation, petition for discharge,
final report, and notice of resignation and petition for discharge
shall be served on the ward, any surety on the guardian’s bond, any
successor guardian, and such other persons as the court may
direct.

(f) Objections. Objections shall be in the form and be filed
within the time set forth in the notice of resignation and petition for
discharge. A copy of the objections shall be served by the objector
on the ward, all guardians, any surety on the guardian’s bond, and
any successor guardian.

(g) Disposition of Objections. Any interested person may
set a hearing on the objections. Notice of the hearing shall be served
on the guardian, the successor guardian, if any, and any other
interested persons. If a notice of hearing on the objections is not
served within 90 days of filing of the objections, the objections will
be deemed abandoned.

(h) Discharge. The guardian’s resignation shall not be
accepted and the guardian shall not be discharged until all
objections have been withdrawn, abandoned, or judicially resolved
and a successor guardian has been appointed and duly qualified.
After all objections have been withdrawn, abandoned, or judicially
resolved, if the court is satisfied that the resigning guardian has
faithfully discharged the duties of the guardianship and the
interests of the ward are protected, and the resigning guardian of
the property has delivered the assets of the ward, all guardianship
records, and all money due to the ward from the guardian to the
remaining or successor guardian, the court shall enter an order
accepting resignation of guardian and granting discharge.
(i) Disqualification. Any guardian who is improperly
appointed, or who becomes disqualified to act after appointment,
shall immediately file a resignation and petition for discharge and
proceed in accordance with this rule.

(j) Nonresident Guardians. Nonresident guardians
appointed before October 1, 1989, shall not be automatically
disqualified to serve and shall not be required to resign and initiate
their own removal.

(k) Guardian Advocates. This rule shall apply to guardian
advocates, except that a final report shall be required of a guardian
advocate only if the guardian advocate’s authority included the
management of the property of the person with a developmental
disability.

Committee Notes

Rule History

1975 Revision: Substantially the same as sections 744.467
and 744.471, Florida Statutes, with editorial changes.

1977 Revision: No change in rule. Change in committee note
to conform to statutory renumbering.

1988 Revision: Editorial changes in (a). Text of rule 5.590
inserted in (b). Editorial change in (c). Captions added to
subdivisions. Committee notes revised. Citation form changes in
committee notes.

1989 Revision: Prior rule deleted and replaced by temporary
emergency rule.

1991 Revision: Substantial revision of entire rule to harmonize
with procedure for termination of guardianship under rules 5.670
and 5.680. Subdivision (k) transferred from temporary emergency