What happens when a Petition to Determine Incapacity is filed?
In Florida, the court will appoint an independent attorney to represent the alleged incapacitated person. It will also appoint a committee of 2 physicians and 1 lay person to examine the alleged incapacitated person and report its findings to the court. The court will schedule a hearing of all interested parties to consider the facts. The court then makes a determination as to whether or not the person is incapacitated, and if so, whether there are some areas in which the person may still make decisions. If the court finds that the person is incapacitated, and there are no alternatives less restrictive than guardianship, there is a hearing to appoint a guardian for the person.
