Summary
The Supreme Court of Florida adopted amendments to the Florida Probate Rules implementing chapter 2008-125, Laws of Florida, concerning guardian advocates for persons with developmental disabilities. The opinion amended numerous existing rules and adopted rules addressing guardian advocates and restoration of rights. The amendments became effective immediately, subject to a sixty-day period for filing comments.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Florida should adopt the proposed fast-track amendments to the Florida Probate Rules to conform them to recent legislation concerning guardian advocates.
- What procedural requirements should govern petitions for appointment of a guardian advocate and restoration of rights of a person with a developmental disability.
- Whether the adopted amendments should become effective immediately subject to a post-adoption period for public comments.
Holdings
- The Supreme Court of Florida adopted the proposed amendments to the Florida Probate Rules, as set forth in the appendix, to conform the rules to the 2008 legislation concerning guardian advocates.
- A petition to appoint a guardian advocate must be verified, identify the petitioner and the person with a developmental disability, describe the areas of decision-making inability and legal disability, provide information concerning the proposed guardian advocate, and address any advance directive or durable power of attorney.
- A person with a developmental disability who is the subject of a guardian-advocate petition must receive verbal and written notice, including notice of the hearing and the right to counsel; the court must appoint counsel within three days after filing unless the person substitutes chosen counsel.
- A petition to restore rights of a person with a developmental disability must identify facts supporting feasible restoration and must state that the person is capable of exercising some or all rights granted to the guardian advocate; the court may restore all or some rights and must amend the letters of guardian advocacy accordingly.
- The amendments became effective immediately upon release of the opinion, while interested persons were allowed sixty days after the opinion to file comments because the amendments had not been published for comment before adoption.
Key quotations
“After considering the Committee's proposals and reviewing the relevant legislation, we amend the rules as set forth in the appendix to this opinion.” (986 So. 2d at 577)
“These amendments shall become effective immediately upon the release of this opinion.” (986 So. 2d at 577)
“Within 3 days after a petition has been filed, the court shall appoint an attorney to represent a person with a developmental disability who is the subject of a petition to appoint a guardian advocate.” (986 So. 2d at 596)
“The court shall enter an order denying the petition or restoring all or some of the rights that were granted to the guardian advocate.” (986 So. 2d at 601)
Factual background
The Florida Bar's Probate Rules Committee submitted a fast-track report proposing amendments to numerous probate and guardianship rules. The proposals were intended to conform the rules to chapter 2008-125, Laws of Florida, particularly amendments to section 393.12 governing guardian advocates for persons with developmental disabilities. The court also considered related revisions to committee notes and adopted new rules addressing guardian advocates and restoration of rights.
Procedural history
The Probate Rules Committee proposed amendments after the Legislature enacted chapter 2008-125, Laws of Florida, including revisions to section 393.12, Florida Statutes. The Florida Bar Board of Governors Executive Committee approved the proposals, and the Supreme Court of Florida reviewed the proposed amendments and relevant legislation before adopting them. Because the amendments had not been published for comment before adoption, the court allowed interested persons sixty days to submit comments.