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.