Palm Beach Adult Guardianships: What is an examining committee’s role in an incapacity hearing?

What is an examining committee?  Who appoints the members of examination committee? Does the examination committee determine whether or not the alleged incapacitated person is actually incapacitated? How many members are on the examination committee? What does Florida Statute 744.331 require the examining committee to do?  What can you do if you believe that an examining committee did not properly evaluate a person to be incapacitated? What if the examining committee fails to strictly follow the examining rules laid out by Florida Statute 744.331?  If you want to know more about examining committees in Florida guardianships, you should read a September 20,2018 Fourth DCA opinion, Cook v. Cook.  

Here, the  Florida guardianship court discusses the statutes that examination committees must follow to determine whether or not a person is incapacitated. The court explains that ” proceedings to determine the competency of a person are generally controlled by statute and where a statute prescribes a certain method of proceeding to make that determination, the statute must be strictly followed.” Under Florida Statute 744.331, ” the examining committee’s role is to assess the abilities of the prospective ward and advise the court. ” Each member of he committee must examine the prospective ward, and a comprehensive examination must be done. What else should you and your West Palm Beach guardianship attorney know about the Florida laws regarding incapacity and examination committees?  To read the entire opinion, click here.