Florida Guardianship Procedures

What is a guardianship? Do you want to learn more about adult guardianships in Florida? What is Florida Statute 744.331? When do you need to hire a Florida guardianship lawyer? What factors are considered when making a capacity and guardianship decision? 

A recent case, Cook v. Cook, describes the examination process that an alleged incapacitated person (AIP) goes through once a petition is filed to determine whether or not he or she needs a guardian. The case discusses Florida Statute 744.331 in great detail.  This statute lays out the procedures required to determine incapacity. ” Proceedings to determine the competency of a person are generally controlled by a statute and where a statute prescribes a certain method of proceeding to make that determination, the statute must be strictly followed.” Here, incapacity was determined without strictly following the statute. What requirement did the examining committee fail to complete? Did the appellate court reverse the determination that the potential ward is incapacitated and needs a guardian? To read the entire case, click here. To read Florida Statute 744.331, click here.