Florida Guardianship Rule Changes Take Effect January 1, 2027: Conflicts of Interest and Emergency Notice

If you serve as a guardian in Florida, or someone you love is the subject of a guardianship case, new rules will change how certain requests are made and how notice is given starting January 1, 2027, at 12:01 a.m. In an opinion released October 1, 2026, the Supreme Court of Florida amended Florida Probate Rules 5.015, 5.630, and 5.648. When a guardian asks the court to approve an act, the petition will have to show support for the price and terms of any sale or contract, disclose whether the guardian's family or anyone close to the guardian or the ward has an interest in it, and say whether it may be a conflict of interest or prohibited activity. The rules also define the "elisor" and make clear that the elisor serves notice of an emergency temporary guardianship petition and reads it to the person it concerns.

Who Is Affected

These changes matter to you if:

• You are a guardian of a ward's property and plan to ask the court to approve a sale, mortgage, lease, or other contract

• You are the spouse, child, grandchild, sibling, or other relative of a guardian, or you have a personal or business relationship with a guardian or ward, and you have an interest in something the guardian wants to do

• You are thinking about petitioning for an emergency temporary guardian for a parent, spouse, or other family member

• Someone you care about is an alleged incapacitated person in a Florida guardianship case

• You are an attorney appointed by the court to represent an alleged incapacitated person

The amended rules take effect January 1, 2027. Until then, the current versions of the rules still apply. The opinion also says that a motion for rehearing will not change the effective date.

Key Changes

A definition of elisor. The term "elisor" is already used in Rule 5.550, which covers petitions to determine incapacity, but no Florida statute defines it. Rule 5.015 will now define an elisor as "a person, other than an interested person in the guardianship proceeding, who is designated by the court to provide notice to the alleged incapacitated person and who may be the court-appointed attorney." In plain terms, the elisor is a neutral person chosen by the court to deliver notice, and that person can be the attorney the court appointed for the alleged incapacitated person. The amended rules also use the term in Rule 5.648.

Support for the price and terms of a sale or contract. Rule 5.630 governs the petition a guardian files when the guardian needs the court to authorize or confirm an act. The current rule already requires the petition to state the price and terms of any sale, mortgage, or other contract. Starting January 1, 2027, the petition must also include "support for the price and terms." A guardian will need to show why the numbers are what they are, not just list them.

Disclosure of personal and family interests. A new subdivision, Rule 5.630(a)(7), will require the petition to state whether any of the following people has any interest, financial or otherwise, direct or indirect, in the action:

• The guardian

• The guardian's spouse

• The guardian's lineal descendants, such as children and grandchildren

• The guardian's collateral kindred, such as brothers, sisters, nieces, nephews, and cousins

• Any person who has a personal or professional relationship with the guardian or the ward

A statement about conflicts of interest. Another new subdivision, Rule 5.630(a)(8), will require the petition to state whether the requested action may be a conflict of interest or prohibited activity under section 744.446 of the Florida Statutes, the statute that covers conflicts of interest, prohibited activities, court approval, and breach of fiduciary duty by guardians.

An explanation in the court's order. New Rule 5.630(c)(4) says that if the court finds an action it authorizes or confirms is a conflict of interest or prohibited activity, the order "must specify why the action is in the best interests of the ward."

Who serves notice in an emergency temporary guardianship. Rule 5.648 covers petitions for an emergency temporary guardian, which can be filed after a petition to determine incapacity but before a guardian is appointed. Under the amended Rule 5.648(b), notice of the petition and the hearing "must be served by the elisor on the alleged incapacitated person and on the alleged incapacitated person's attorney, if not serving as the elisor." The notice must still be served at least 24 hours before the hearing begins, unless the petitioner shows that giving 24 hours' notice would cause substantial harm to the alleged incapacitated person.

The amended rule also adds a new duty. The elisor "must read the notice and the petition to the alleged incapacitated person." According to the 2026 committee note, the change is meant to make it clear that the elisor has the responsibility to serve the notice and the petition on the alleged incapacitated person.

Practical Implications

If you are a guardian planning to sell a ward's home, take out a mortgage, or sign another contract on the ward's behalf, expect to show the court why the price and terms make sense. The rule does not list what kind of support is required, but gathering it before you file, such as an appraisal, a broker's opinion, or comparable sales, can help avoid delays at the hearing.

The new disclosure requirement reaches well beyond the guardian. If a relative of the guardian wants to buy the ward's property, rent it, or provide paid services, or if someone with a business or personal tie to the guardian or the ward stands to benefit, the petition will need to say so. An interest that is indirect or not financial still counts. Taking stock of these relationships early is the simplest way to make sure the petition is complete.

A possible conflict does not automatically end the request. The new rule contemplates that a court may still authorize or confirm an action it finds to be a conflict of interest or prohibited activity, but the order will have to explain why the action is in the ward's best interests. If you are a family member watching over a loved one's guardianship, these orders should give you a clearer record of the court's reasoning.

If you are asking the court to appoint an emergency temporary guardian, plan for the court's designated elisor to serve notice of the petition and hearing and to read both the notice and the petition to your family member. If your loved one is the person the petition concerns, this means the petition will be read to them, not just handed over, before the hearing unless the court finds that the 24-hour notice would cause substantial harm.

If a guardianship petition is already pending, the opinion does not say how the January 1, 2027 changes will apply to it. It is worth reviewing any petition for approval of acts that may be heard after that date against both the current and the amended versions of Rule 5.630.