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West Palm Beach Guardianships : Comprehensive Examinations

Uncategorized Feb 18, 2019
post about West Palm Beach Guardianships : Comprehensive Examinations

What happens during the guardianship process in Florida? How is a person determined to be incapacitated? What Florida statutes or laws prescribe the methods for determining incapacity? What should your Florida guardianship lawyer know about proceedings to determine the competency of a person?  What is an examining committee’s role in an incapacity hearing? What do you do if you believe that a person has been wrongly deemed incapacitated?  For more details regarding incapacity proceedings, you should read a recent Fourth DCA opinion, Cook v. Cook.  If you would like to interview a Florida guardianship lawyer, free of charge, call (561)514-0900 ext.101 

In Cook v. Cook, the trial court found that the prospective ward was incapacitated, and a plenary guardianship was imposed on him. The prospective ward appealed. The appellate court reversed the lower court’s decision because the members of the examining committee ” reached their capacity and guardianship determinations without the benefit of a comprehensive examination of the prospective ward.” In other words, the appellate court found that a comprehensive examination was not completed by the members of the examining committee. Florida Statute 744.331(3)(f) requires that the examination of a person to determine whether they are incapacitated or not must include a comprehensive examination. The comprehensive examination must include a physical examination, a mental health examination, and functional assessment. To read the entire opinion, click here.