A guardian is an individual or institution (such as a nonprofit corporation or bank trust department) appointed by the court to care for an incapacitated person – called a “ward” in Florida.
But how can you determine if someone is incapacitated in Florida?
- Any adult may file a petition with the appropriate Florida probabte court to determine another person’s incapacity.
- The petition must outline the information upon which they base their belief that the person isincapacitated.
- The court then appoints a committee of three members, usually consisting of at least two physicians.
- One of the three members of the committee must have knowledge of the type of incapacity alleged in the petition and each member of the committee must submit a report of his/her findings to the court.
- The examination of the incapacitated person in Florida normally includes 1) a physical examination, 2) a mental health examination and 3) a functional assessment.
The court also appoints a Florida Probate attorney to represent the person alleged to be incapacitated; however, the alleged incapacitated person may substitute his or her own attorney for the attorney appointed by the Florida Probate court.
- If the majority of the examining committee concludes that the alleged incapacitated person is not incapacitated in any respect, the Florida Probate judge is required to dismiss the petition.
- If the Florida examining committee finds the person is unable to exercise certain legal rights, however, the court schedules a hearing to determine whether the person is totally or partiallyincapacitated.
- If a person is found to be incapacitated in any respect, a guardian is appointed at the end of the Florida incapacity hearing unless there are less restrictive alternatives to guardianship in Florida which adequately address the person’s incapacity.
Do you have any experience appointing a guardian in Florida? If so, leave a comment below!
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