Florida Probate Rule 5.725
RULE 5.725. EMERGENCY COURT MONITOR
(a) Appointment. Upon motion or inquiry by any interested
person or upon its own motion, the court may appoint a court
monitor on an emergency basis without notice in any proceeding
over which it has jurisdiction.
(b) Order of Appointment. The order of appointment shall
specifically find that there appears to be imminent danger that the
physical or mental health or safety of the ward will be seriously
impaired or that the ward’s property is in danger of being wasted,
misappropriated, or lost unless immediate action is taken. The
scope of the matters to be investigated and the powers and duties of
the monitor must be specifically enumerated in the order.
(c) Duration of Authority. The authority of a monitor
expires 60 days after the date of appointment or upon a finding of
no probable cause, whichever occurs first. The court may enter an
order extending the authority of the monitor for an additional 30
days upon a showing that an emergency condition still exists.
(d) Report. Within 15 days after the entry of an order of
appointment, the monitor shall file a verified written report setting
forth the monitor’s findings and recommendations. The report may
be supported by documents or other evidence. The time for filing
the report may be extended by the court for good cause.
(e) Review. Upon review of the report, the court shall enter
an order determining whether there is probable cause to take
further action to protect the person or property of the ward.
(1) If the court finds no probable cause, the court shall
enter an order finding no probable cause and discharging the
monitor.
(2) If the court finds probable cause, the court shall
enter an order directed to the respondent stating the essential facts
constituting the conduct charged and requiring the respondent to
appear before the court to show cause why the court should not
take further action. The order shall specify the time and place of the
hearing with a reasonable time to allow for the preparation of a
defense after service of the order. A copy of the order to show cause
together with the order of appointment and report of the monitor
shall be served upon the guardian, the ward, the ward’s attorney, if
any, and the respondent.
(f) Protecting Ward. If at any time prior to the hearing on
the order to show cause the court enters a temporary injunction, a
restraining order, an order freezing assets, an order suspending the
guardian or appointing a guardian ad litem, or any other order to
protect the physical or mental health, safety, or property of the
ward, the order or injunction shall be served on the guardian, the
ward, the ward’s attorney, if any, and such other persons as the
court may determine.
Committee Notes
Rule History
2006 Revision: New rule.
2008 Revision: Committee notes revised.
2010 Revision: Editorial change in (c).
Statutory references
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 744.1075, Fla. Stat. Emergency court monitor.
(a) Appointment. Upon motion or inquiry by any interested
person or upon its own motion, the court may appoint a court
monitor on an emergency basis without notice in any proceeding
over which it has jurisdiction.
(b) Order of Appointment. The order of appointment shall
specifically find that there appears to be imminent danger that the
physical or mental health or safety of the ward will be seriously
impaired or that the ward’s property is in danger of being wasted,
misappropriated, or lost unless immediate action is taken. The
scope of the matters to be investigated and the powers and duties of
the monitor must be specifically enumerated in the order.
(c) Duration of Authority. The authority of a monitor
expires 60 days after the date of appointment or upon a finding of
no probable cause, whichever occurs first. The court may enter an
order extending the authority of the monitor for an additional 30
days upon a showing that an emergency condition still exists.
(d) Report. Within 15 days after the entry of an order of
appointment, the monitor shall file a verified written report setting
forth the monitor’s findings and recommendations. The report may
be supported by documents or other evidence. The time for filing
the report may be extended by the court for good cause.
(e) Review. Upon review of the report, the court shall enter
an order determining whether there is probable cause to take
further action to protect the person or property of the ward.
(1) If the court finds no probable cause, the court shall
enter an order finding no probable cause and discharging the
monitor.
(2) If the court finds probable cause, the court shall
enter an order directed to the respondent stating the essential facts
constituting the conduct charged and requiring the respondent to
appear before the court to show cause why the court should not
take further action. The order shall specify the time and place of the
hearing with a reasonable time to allow for the preparation of a
defense after service of the order. A copy of the order to show cause
together with the order of appointment and report of the monitor
shall be served upon the guardian, the ward, the ward’s attorney, if
any, and the respondent.
(f) Protecting Ward. If at any time prior to the hearing on
the order to show cause the court enters a temporary injunction, a
restraining order, an order freezing assets, an order suspending the
guardian or appointing a guardian ad litem, or any other order to
protect the physical or mental health, safety, or property of the
ward, the order or injunction shall be served on the guardian, the
ward, the ward’s attorney, if any, and such other persons as the
court may determine.
Committee Notes
Rule History
2006 Revision: New rule.
2008 Revision: Committee notes revised.
2010 Revision: Editorial change in (c).
Statutory references
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 744.1075, Fla. Stat. Emergency court monitor.