PETITION FOR APPROVAL BY PROFESSIONAL

GUARDIAN FOR ORDER NOT TO RESUSCITATE OR TO WITHHOLD LIFE-PROLONGING PROCEDURES (a) Contents. (1) When authorization for any act of the professional guardian is required under section 744.4431, Florida Statutes, application must be made by verified petition stating the facts showing: decision for which court approval is sought; (A) a description of the proposed action or (B) documentation of the authority of the professional guardian to make health care decisions on behalf of the ward; the relief sought; (C) a statement regarding any known objections to (D) a description of the ward’s known wishes, including all advance directives executed by the ward, or, if there is no indication of the ward’s wishes, a description of why the relief sought is in the best interests of the ward; January 1, 2026 Florida Probate Rules 261 exist which necessitate immediate relief; and (E) a description of exigent circumstances that (F) a description of the circumstances requiring the proposed action or decision, which must include supporting documents that are consistent with sections 765.305, 765.401(3), or 765.404, Florida Statutes. (b) Notice. Notice of the petition and of any hearing must be served on the ward, the ward’s attorney, if any, the ward’s next of kin, and any other interested persons which includes persons who have filed requests for notices and copies of pleadings. The provision of notice may be waived by the court. (c) Hearing. (1) The court must hold a hearing if: to the petition; (A) the ward or the ward’s attorney, if any, objects (B) the ward’s next of kin or an interested person objects for any reason authorized by section 765.105(1), Florida Statutes; ward’s attorney, if any, requests a hearing; or (C) the professional guardian, the ward, or the court to make a determination. (D) the petition has insufficient information for the (2) On a showing a hearing is required and exigent circumstances exist, a preliminary hearing on the petition must be held with 72 hours of filing. At the conclusion of the hearing, the court must rule on the petition or set it for an evidentiary hearing within 4 days. (d) Order. January 1, 2026 Florida Probate Rules 262 (1) If the petition is granted, the order must describe the permitted act and authorize the professional guardian to perform the act. (2) reasons for the denial. If the petition is denied, the order must state the Committee Notes Rule History 2023 Revision: Rule adopted to address the enactment of section 744.4431, Florida Statutes. Statutory References § 744.4431, Fla. Stat. Guardianship power regarding life- prolonging procedures. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.