Florida Guardianship FAQ: What is a Petition to Determine Incapacity?
If you are involved in a Palm Beach guardianship, you may have questions. After all, when most people think of a guardianship, they may think of minor children. Not so, as most guardianship lawyers Palm Beach will tell you. Florida Guardianship Law, or what some estate lawyers refer to as “elder law” is a robust, almost sub-speciality in Palm Beach probate circles.
Understanding the Basics of Guardianship
- To understand the basics of guardianships in Florida, read Chapter 744 of the Florida Probate Code.
- Also, read the Florida Probate Rules
- You can read them free, online
- When someone is believed to be not capable of handling all their affairs or property, likemanaging their money, a petition to determine incapacity may be filed in a probate court
- In Palm Beach County Guardianship matters, there are courts which hear guardianship matters, and guardianship litigation in Palm Beach Gardens, West Palm Beach and Delray Beach
What is Petition to Determine Incapacity?
- A Petition to Determine Incapacity is that document, much like a complaint in a Florida lawsuit, which sets forth allegations about the alleged incapacitated person
- Dementia?
- Can’t manage your property?
- Can’t make health care decisions?
- Needs assistance daily living activities?
- Does a father, uncle, aunt or loved one need protection and assistance? Is someone susceptible to elder abuse or financial exploitation? (Seniors in Boca Raton, Florida know all about fraud and financial exploitation.)
- Is there a lesser restrictive alternative under Florida Guardianship law?
- Is there a POA or a Florida revocable trust?
- Who gets a copy of this guardianship petition? Can you change someone’s estate plan in a guardianship?
- Want to know what you have to put in the Florida Guardianship Petition to Determine Incapacity?
- Read Florida Guardianship Statute 744.3201
Want to learn more about guardianship by seeing free, online Florida Probate videos?
Answer: http://www.youtube.com/watch?v=GOagBHBksHA&feature=youtu.be
Free Florida videos on wills, trusts, estates and guardianship: http://www.pankauskilawfirm.com