Background
The Florida Bar’s Probate Rules Committee proposed amendments to Florida Probate Rules 5.015, 5.630, and 5.648. The Committee received no comments after publishing its proposal in The Florida Bar News. The Florida Supreme Court later published the proposal, received one comment, and considered the Committee’s response and minor revisions to the proposed amendment to rule 5.630.
The amendments address the role of an “elisor,” disclosure requirements in petitions seeking approval of a guardian’s acts, and notice procedures for petitions to appoint an emergency temporary guardian.
The Court’s Holding
The Court adopted the proposed amendments as revised after public comment. Rule 5.015 now defines an “elisor” as a person who is not an interested person in the guardianship proceeding, is designated by the court to provide notice to the alleged incapacitated person, and may be the court-appointed attorney.
Amended rule 5.630 requires a petition seeking approval of specified guardian acts to provide support for the price and terms of a sale, mortgage, or other contract; disclose specified direct or indirect interests in the proposed action; and state whether the action may constitute a conflict of interest or prohibited activity under section 744.446, Florida Statutes. If a court authorizes or confirms an action it finds to be a conflict of interest or prohibited activity, its order must explain why the action is in the ward’s best interests.
Amended rule 5.648 requires the elisor to serve the petition and hearing notice on the alleged incapacitated person and to read both documents to that person. The amendments take effect January 1, 2027, at 12:01 a.m., and a motion for rehearing will not alter that effective date.
Key Takeaways
- Florida’s probate rules now expressly define the court-designated “elisor” who provides notice to an alleged incapacitated person.
- Petitions for approval of guardian acts must include additional support and disclosures concerning pricing, interested persons, conflicts of interest, and prohibited activities.
- An elisor must serve and read the emergency-temporary-guardian petition and notice to the alleged incapacitated person.
Why It Matters
The amendments impose more detailed disclosure requirements when guardians seek judicial approval of transactions or other acts, particularly where personal or professional relationships, financial interests, or statutory conflicts may be involved. They also require courts approving conflicted or prohibited actions to state why those actions serve the ward’s best interests.
The revised emergency-guardianship procedure assigns the elisor explicit responsibility for serving and reading the petition and notice to the alleged incapacitated person, clarifying who must perform those tasks before the hearing.