Florida Guardianship Law: Proceedings to Determine the Competency of a Person

What is a petition to determine incapacity? What happens when a petition to determine incapacity is filed?  How does the guardianship process in Florida work?  How are capacity and guardianship determinations reached? What tests are done to determine whether a person needs a guardianship or not? How can a Florida guardianship lawyer help you if you believe that an incapacity determination was unfairly reached? If you are involved in a Florida guardianship, you may want to read a recent Fourth DCA opinion, Cook v. Cook. 

Here, the appellate court explains that the proceedings to determine incapacity are generally controlled by a Florida statute, and the statute must be strictly followed. This is because “a petition to determine incapacity exposes the prospective ward to the possibility of losing his personal autonomy.” The relevant statute in this Florida guardianship case is section 744.331, Florida Statutes.  To learn more about the procedures to determine incapacity in a hearing, you should read Florida Statute 744.331 in its entirety. To interview a West Palm Beach guardianship lawyer, free of charge, call (561)514-0900 ext.101.