1. (1) Upon filing with the court a copy of the completed recommended form CF-MH 3106, “Petition for Adjudication of Incompetence to Consent to Treatment and Appointment of a Guardian Advocate,” which is incorporated by reference and available in Rule 65E-5.170, F.A.C., or its equivalent, shall be given to the individual, the individual’s representative if any, and to the prospective guardian advocate with a copy retained in the individual’s clinical record.
2. (2) If the court finds the individual incompetent to consent to treatment a guardian advocate shall be appointed. Form CF-MH 3107, (August 2025), “Order Appointing Guardian Advocate,” which is incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18652"http://flrules.org/Gateway/reference.asp?No=Ref-18652, or other order used by the court, may be used for documentation of this finding. The order shall be provided to the individual, guardian advocate, representative, and to the facility administrator for retention in the individual’s clinical record.
3. (3) The individual’s clinical record shall reflect that the guardian advocate has been appointed by the court and has completed the training required by Section 394.4598(4), F.S., and further training required pursuant to a court order, prior to being asked to provide express and informed consent to treatment. Recommended form CF-MH 3120, (August 2025), “Certification of Guardian Advocate Training Completion,” which is incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18653"http://flrules.org/Gateway/reference.asp?No=Ref-18653 may be used for this purpose.
4. (4) When a guardian advocate previously appointed by the court cannot or will not continue to serve in that capacity, and the individual remains incompetent to consent to treatment, the facility administrator shall petition the court for a replacement guardian advocate. A copy of the completed petition shall be given to the individual, the current guardian advocate, the prospective replacement guardian advocate, individual’s attorney, and representative, with a copy retained in the individual’s clinical record. Form CF-MH 3106, “Petition for Adjudication of Incompetence to Consent to Treatment and Appointment of a Guardian Advocate,” which is incorporated by reference and available in Rule 65E-5.170, F.A.C., may be used for this documentation if Parts I and III are completed.
5. (5) If a guardian advocate is required by Section 394.4598, F.S., or otherwise to petition the court for authority to consent to extraordinary treatment, a copy of the completed petition form shall be given to the individual, the individual’s attorney, and a copy shall be retained in the individual’s clinical record. Form CF-MH 3108, (August 2025), “Petition Requesting Court Approval for Guardian Advocate to Consent to Extraordinary Treatment,” which is incorporated by reference available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18654"http://flrules.org/Gateway/reference.asp?No=Ref-18654 may be used for this purpose. Any order issued by the court in response to such a petition shall be given to the individual, attorney representing the individual, guardian advocate, and to the facility administrator, with a copy retained in the individual’s clinical record. Form CF-MH 3109, (August 2025), “Order Authorizing Guardian Advocate to Consent to Extraordinary Treatment,” which is incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18655"http://flrules.org/Gateway/reference.asp?No=Ref-18655, or other order used by the court may be used for such documentation.
6. (6) At any time an individual, who has previously been determined to be incompetent to consent to treatment and had a guardian advocate appointed by the court, has been found by a physician or psychiatric nurse practicing within the framework of an established protocol with a psychiatrist, to have regained competency to consent to treatment, the facility shall notify the court that appointed the guardian advocate of the individual’s competence and the discharge of the guardian advocate. Form CF-MH 3121, (August 2025), “Notification to Court of Competence to Consent to Treatment and Discharge of Guardian Advocate,” which is incorporated by reference and available at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18656"http://flrules.org/Gateway/reference.asp?No=Ref-18656 may be used for this purpose.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.4598 FS. History–New 11-29-98, Amended 4-4-05, 11-24-25.