IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2006-079 PA/PI-CIR
RE: GUARDIANSHIP
In order for the Court to adequately and effectively protect those incapacitated persons who are placed in guardianships; and
In order to provide for the effective and efficient review of guardianship accountings, plans and inventories; and
In order to ensure compliance with statutory time frames for both the Clerk of the Circuit Court and the Court’s review of said guardianship accountings, plans and inventories, including but not limited to Chapter 744, Florida Statutes, and section III of the Florida Probate Rules; and
In order to effectuate the timely background investigations of proposed and appointed guardians; and
Pursuant to Rule of Judicial Administration 2.050, and section 29.0195, Florida Statutes, it is hereby:
ORDERED:
A. BACKGROUND INVESTIGATIONS
1. The
Administrative Office of the Courts, Probate and Guardianship Division, shall
conduct background investigations on each proposed guardian filing a Petition
for Appointment as Guardian and shall develop consistent procedures to ensure
that all guardians in the Circuit are subjected to comprehensive background
checks on a regular basis. The
Administrative Office of the Courts, Probate and Guardianship Division, shall
publish procedures for investigations that will be conducted when a Petition
for Appointment is filed and periodically thereafter.
2. Each
proposed guardian shall pay a fee, hereafter referred to as the investigation
fee, at the time of filing of a Petition for Appointment as Guardian and
annually thereafter. The investigation fee shall be paid from the
guardian’s own funds and not those of the ward. This fee is in addition to any
fees required by the Florida Department of Law Enforcement and the Federal
Bureau of Investigation.
3. In
4.
Professional guardians are required to pay the investigation fee of $22.50 in
5. Professional and nonprofessional guardians shall be required to submit periodically to credit and criminal background checks.
a. All proposed nonprofessional guardians shall undergo a Level 2 criminal history record check upon filing the petition and Application. When a Level 2 check has been conducted on a nonprofessional guardian during a calendar year, no additional Level 2 check will be required during that same calendar year if the nonprofessional guardian files a petition and Application for a different guardianship. The criminal history record check may be satisfied by any method described in section 744.3135, Florida Statutes. The guardian shall be responsible for payment of any fees associated with fingerprinting, whether electronic or by fingerprint card. At any time, the Court may require a nonprofessional guardian to undergo additional credit or criminal history background checks.
b. All professional guardians shall submit proof of registration with the Statewide Public Guardianship Office upon filing a petition and Application. A professional guardian shall undergo a Level 2 background screening prior to his or her initial appointment as guardian on any case in the Sixth Circuit. The criminal history record check may be satisfied by any method described in section 744.3135, Florida Statutes. The guardian shall be responsible for payment of any fees associated with fingerprinting, whether electronic or by fingerprint card. A professional guardian who submits his or her fingerprints by electronic means shall be subject to a Level 2 screening every 5 years following his or her initial appointment as guardian on any case in the Sixth Circuit. A professional guardian who submits his or her fingerprints by fingerprint card shall be subject to a Level 2 screening every 3 years following his or her initial appointment as guardian on any case in the Sixth Circuit. At any time, the Court may require a professional guardian to undergo additional credit or criminal history background checks.
6. Each
proposed guardian shall submit with his or her petition and Application a completed
checklist for Guardianship Applications.
In
7. The Clerk of the Circuit Court shall:
a. Upon filing of a Petition to Determine Incapacity and Appointment of Guardian, collect from each proposed guardian the investigation fee to conduct the Credit and Criminal background checks.
b. At the time an Application for appointment of guardian is filed, make a copy of the Application and forward it along with the signed release required by the Department of Children and Families to the Probate and Guardianship Division, where the release form will be forwarded to the Department of Children and Families for investigation.
c. Forward the results of any criminal history check conducted by the Federal Bureau of Investigation and the Florida Department of Law Enforcement within 3 days of receipt to the general magistrate or such other person as directed by the Court.
d. Upon filing of the annual
guardianship report or plan by a nonprofessional guardian, collect the
investigation fee from the guardian.
8. The
Clerk in
The Clerk in
B. GUARDIANSHIP AND INCAPACITY PROCEDURES
The following procedures are instituted and shall be adhered to:
1. Determination of Capacity
a. The
court-promulgated form Application for Appointment of Guardian shall be
utilized within the trial courts of the Sixth Judicial Circuit by any resident
petitioner seeking the determination of capacity of an individual located
within
b. The Clerk of the Circuit Court shall:
i. accept
the Petition to Determine Capacity, Petition for Appointment of Guardian and Application
when filed contemporaneously and assign separate case numbers that shall be,
wherever practicable, sequential in number.
ii. immediately upon receipt of the
Petition to Determine Capacity, prepare the Notice to Alleged Incapacitated
Person, Order Appointing Examining Committee, and Order Appointing Counsel for
the Alleged Incapacitated Person for presentation to the Court. The
members of the Examining Committee and the Court Appointed Counsel for the
Alleged shall be chosen on a rotational basis from the Court approved lists.
iii. serve by regular mail a copy of the Petition to Determine Capacity and Petition for Appointment of Guardian upon appointed counsel and all known next of kin of the alleged incapacitated person.
iv. present a copy of the Petition to Determine Capacity, Verified Petition for Appointment of Guardian, Notice and Statement of Rights to the process server for service on the alleged incapacitated person.
v. in addition to monitoring the Return of Service, monitor the completion of the committee’s report to ensure that appropriate statutory time frames are met.
vi. provide a notice to the process server directing the process server to read the petitions and Notice and Statement of Rights to the alleged incapacitated person and to return to the Clerk’s office the Return of Service for filing in the Court file.
2. Adjudicatory Hearing
a. The
petitioner, petitioner’s counsel, the alleged incapacitated person, counsel for
the alleged incapacitated person, the proposed guardian, and counsel for the
proposed guardian shall attend the adjudicatory hearing. The Court may waive attendance by the alleged
incapacitated person, upon request of the alleged incapacitated person’s
counsel.
b. The Clerk may be required to
attend any adjudicatory hearing and keep court minutes.
C. IMPLEMENTATION OF NEW GUARDIANSHIP ACCOUNTING, PLAN AND INVENTORY FORMS
1. All accountings, plans, inventories, and voluntary guardianship doctor certificates shall be filed on court promulgated forms. Hard copies of the forms and instructions will be available for photocopying at all Sixth Judicial Circuit Law Library locations. Information on obtaining forms and instructions is also available on the Sixth Judicial Circuit Court Web site http://www.jud6.org/.
2. The Clerk of the Circuit Court shall
a. Upon the issuance of Letters of Guardianship, produce a computer generated Guardianship filing schedule to be distributed with the Letters of Guardianship to the guardian and the attorney for the guardianship.
b. Conduct the statutorily required audit of all initial, annual, simplified, interim, or final accountings, plans and inventories and submit the file and their audit sheet listing any discrepancies to the general magistrate or other such person as directed by the Court for review.
c. Prepare
and forward to the general magistrate’s office or to such other person as
directed by the Court an order disapproving the initial, annual, simplified,
interim, or final accounting, plan or inventory listing all discrepancies and
giving the guardian thirty (30) days to respond.
d. Prepare an Order to File
Required Documents and send it directly to the judge for signature, if a
guardian fails to timely file the accounting, plan or inventory.
The Order shall provide that the guardian shall have twenty (20) days within which to comply.
e. Monitor the thirty (30) day filing requirement and the compliance with the order disapproving the initial, annual, simplified, interim, or final accounting, plan or inventory. If the guardian fails to file any response to the order disapproving the accounting, plan, or inventory or the Order to File Required Documents, the Clerk shall prepare an Order to Show Cause and submit it as directed by the section judge, either to the judge for signature or to the general magistrate for review.
f. Review the documents filed in accordance with the order disapproving the initial, annual, simplified, interim, or final accounting, plan or inventory or Order to File Required Documents and forward the file with the audit sheet as directed by the section judge, either to the judge for signature or to the general magistrate for review.
3. If the documents filed are insufficient an Order to File Required Documents or To Show Cause will be issued and a hearing scheduled before the judge. The Court may cancel the Show Cause hearing if the required documents, along with any assessed costs, are filed five (5) days prior to the scheduled hearing.
4. Motions for extensions of time for filing any required document shall be made in writing prior to the time the document is due. The motion shall disclose whether or not an extension of time has previously been granted for the same or similar filing. The parties shall allege good cause on which the extension is sought and that the time requested is sufficient. No motion for extension of time shall be heard orally, and all such motions shall be brought to the Court by the Clerk at times designated by the presiding probate judge. Counsel shall ensure that all interested parties receive adequate notice of all such motions.
D. GUARDIANSHIP AUDITS
All guardianships will be audited pursuant to the
Florida Statutes. Additionally, each
year the Court will randomly select a number of guardianships for a
comprehensive audit of all transactions and records in the guardianship during
the audit period. All audits in
E. DISASTER PLAN
Beginning thirty (30) days after the effective date
of this Order, each annual plan shall include a Disaster Plan, which sets forth
the procedures and plans in place for the ward in the event an evacuation order
or other emergency order is issued by federal, state, or local officials. The Disaster Plan shall take into account and
reflect how each ward’s special needs will be met under the plan and how
financial matters will be handled in the event the guardian or ward has
relocated temporarily due to an evacuation order, emergency order, or other
emergency situation. Information on
obtaining forms and instructions related to the disaster plan is available on
the Sixth Judicial Circuit Court Web site http://www.jud6.org/.
Policies and Procedures for Guardianship Audits
Administrative Orders PA/PI-CIR-00-59, PA/PI-CIR-00-61, and PA/PI-CIR-00-74 are hereby rescinded.
DONE AND ORDERED in Chambers at
_____________________________ David A. Demers, Chief Judge
cc: All Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Robert H. Dillinger, Public Defender
The
Honorable Ken Burke, Clerk of the Circuit Court,
The
Honorable Jed Pittman, Clerk of the Circuit Court,
Betty Henderson, Assistant Court Services Director, Pasco County Clerk’s Office
Carol
Heath, Executive Director, Court & Operational Services Division,
Gay L. Inskeep, Trial Courts Administrator
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