RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW
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RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW
(a) Contents. A petition for interim judicial review shall be verified, state the petitioner’s interest in the proceeding, state with particularity the manner in which the guardian’s action or proposed action does not comply with or exceeds the guardian’s authority under the guardian plan, or state that the guardian is acting in a manner contrary to section 744.361, Florida Statutes, and state why the action, proposed action, or conduct of the guardian is not in the best interest of the ward.
(b) Service. The petition shall be served by formal notice.
(c) Hearing. The petitioner or any interested person may set the matter for hearing.
(d) Expedited Proceedings. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing.
Committee Notes
Rule History
1991 Revision: New rule.
2000 Revision: Subdivision (d) added to permit expedited proceedings.
2008 Revision: Committee notes revised.
2015 Revision: Subdivision (a) amended to conform to changes in sections 744.361 and 744.3715, Florida Statutes. Citation revised in committee notes. Committee notes revised.
Statutory References
PDF page 336§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§ 744.361, Fla. Stat. Powers and duties of guardian.
§ 744.3715, Fla. Stat. Petition for interim judicial review.