Florida’s process of determining adult incapacitation (in a nutshell)

The process of determining an adult to be incapacitated can be extensive and challenging for loved ones to watch. However, it is a sometimes necessary task to undertake in order to protect and care for your loved ones.

In Florida, the incapacitation process typically begins with a family member or friend filing two petitions with a Florida Court: the Petition to Determine Incapacity and the Petition for Appointment of Guardian. A court appointed attorney is assigned to the alleged incapacitated person, however, the alleged incapacitated person may use his or her personal attorney.

After an attorney has been appointed, the members of a three-person examining committee must be designated. These individuals may be social workers, psychologists, physicians, or be of a different background. The committee is responsible for evaluating the individual and preparing a report that includes a mental, physical, and functional assessment. Each report must include a variety of evaluations such as a diagnosis, or recommended treatment, the ability to retain his or her rights, the extent to the incapacity, and the results of the examinations.

When the three-person examining committee members have finished filing their reports with the court, a hearing on the Petition to Determine Incapacity is held.

If you have questions about the guardianship process for potentially incapacitated individuals, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.