Dementia Issue When Estate Sues Driver : July 9, 2014 Palm Beach Appeal

A Palm Beach Appeals Court opinion issued July 9, 2014 reveals how dementia can be an issue in a Florida lawsuit.  Anyone who wonders whether a defendant or plaintiff is suffering from dementia will want to read this recent case, where the West Palm Beach appeals court, just yesterday, explains how you can take a mental examination of the other party to your lawsuit.

Dementia in Florida Probate Lawsuits

• Dementia and mental capacity or incompetence is often the subject of Florida Guardianship Lawsuits and even Probate Lawsuits when someone files a will challenge or a Will Contest in Florida Probate
• Sometimes family members request that a Florida Guardianship be created for mom or dad when they fear that dementia or Alzheimers is progressing and parents cannot care for themselves.
• In those cases, an “interested” person asks the Palm Beach Probate Court to rule on incapacity and whether a guardian should be appointed
• Likewise, in Probate Litigation, sometimes a Will Challenge is based upon the belief that mom or dad did not have the mental capacity–the competency– to sign a Florida will or trust
• But, can mental state & dementia be an issue when you are suing someone ?

Palm Beach Lawsuit:  Making the Defendant Get Examined for Dementia

• In this recent lawsuit, which went to Palm Beach’s 4th District Court of Appeal, a Palm Beach estate was the plaintiff
• The Estate sued a defendant and sought to have the defendant subjected to a neurological examination —  a medical exam or a “CME” or a compulsory neurological examination — including a medical evaluation for dementia.
• Why did the Palm Beach personal representative of the estate want to know if the defendant suffered from dementia?  They thought the mental state was relevant
• The appeals court found that the mental state was not as important as the conduct of the defendant
• The Florida Rules of Civil Procedure 1.360 provides that a party to a Florida lawsuit may request any other party submit to examination by a qualified expert.
• To learn more about the legal standards in Florida for getting your defendant to sit for a dementia examination, consider reading this Palm Beach Appeals Court opinion which was a Petition for a Writ of Certiorari

Here’s a free copy of the Palm Beach Appellate Court opinion if you want to read about this dementia case and the Florida Rules of Civil Procedure for taking a medical (or neurological ) examination of a party to a Palm Beach lawsuit: http://4dca.org/opinions/July%202014/07-09-14/4D14-1920.op.pdf