Fl. Prob. R. 5.541

As amended through November 4, 2024

Rule 5.541 - RECORDING OF HEARINGS

Electronic or stenographic recordings shall be made of all hearings on the:

(a) adjudication of incapacity;

(b) appointment of a guardian;

(c) modification, termination, or revocation of the adjudication of incapacity;

(d) restoration of capacity; or

(e) restoration of rights.

Fl. Prob. R. 5.541

Amended by 986 So.2d 576, effective 7/10/2008; added by 584 So.2d 964, effective 10/1/1991.

Committee Notes

This rule represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida Statutes. It is not intended to change the effect of the statutes from which it is derived, or to create a new procedure or modify an existing procedure.

Rule History

1991 Revision: New rule.

1992 Revision: Editorial changes. Committee notes revised. Citation form change in committee notes.

2003 Revision: Committee notes revised.

2008 Revision: New subdivision (e) added for proceedings involving guardian advocates. Committee notes revised.

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.

§ 744.109, Fla. Stat. Records.

§ 744.3031, Fla. Stat. Emergency temporary guardianship.

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.