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Adult Guardianships: How is a person determined to be incapacitated?

Uncategorized Feb 18, 2019
post about Adult Guardianships: How is a person determined to be incapacitated?

Are you involved in a Miami or Palm Beach guardianship proceeding? Do you believe that a family member needs a guardian appointed by a Florida guardianship court? Is someone you know unable to care for his or her self  due to dementia or Alzheimer’s? How is it determined whether or not someone is incompetent and needs a guardianship?  How do Florida guardianship courts decide whether or not to appoint a guardian to a prospective ward? You should read a recent Fourth DCA opinion, Cook v. Cook

Here the process to determine incapacity in Florida is clearly described. This Florida opinion also discusses some of the statutes that must be strictly followed by the people involved in determining incapacity. Here, the petitioners requested that ” an examination be made as to the mental and physical condition of the alleged incapacitated person as provided by law, and that a order be entered determining the mental and physical capacity of said person.” The petitioners believed that the prospective ward was incompetent and needed a guardianship. The court, as required by statute, appointed a three-member examining committee. This committee’s purpose is to ” assess the abilities of the prospective ward and advise the court.”  The examining committee must strictly adhere to Florida statutes that prescribe methods of proceedings to determine incapacity. To read more about what goes on in a guardianship proceeding to determine whether or not a person needs a guardian, click here.