Rule 5.635 - PETITION FOR EXTRAORDINARY AUTHORITY(a) Contents. When authorization for extraordinary authority is sought as permitted by law, application shall be made by verified petition stating: (1) the petitioner's interest in the proceeding;(2) the specific authority requested; and(3) the facts constituting the basis for the relief sought and that the authority being requested is in the best interest of the ward.(b) Notice.(1) The petition shall be served by formal notice. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing.(2) The petition shall be served on the guardian of the person, if the guardian is not the petitioner, the ward, the next of kin, if any, those interested persons who have filed requests for notices and copies of pleadings, and such other persons as the court may direct.(c) Hearing. The hearing shall be at a time and place that will enable the ward to express the ward's views to the court.Added by 584 So.2d 964, effective 10/1/1991.Committee Notes
Rule History
1991 Revision: New rule.
1992 Revision: Committee notes revised.
2008 Revision: Committee notes revised.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§ 744.3215(4), Fla. Stat. Rights of persons determined incapacitated.
§ 744.3725, Fla. Stat. Procedure for extraordinary authority.