How is someone found to be incapacitated? Any person can file a petition with the court stating that they believe an individual to be incapacitated. The court then appoints an examining committee of three people to evaluate the individual and render an opinion of whether the person is, in fact, incapacitated. Usually, the committee consists of a doctor, a psychologist or RN and a social worker. If the committee determines the person is not incapacitated, the petition will be dismissed. If the person is found to be incapacitated, a hearing is held by the court to determine if the person is totally incapacitated or partially incapacitated. A guardian is usually appointed at the end of the hearing.
Attorney, Laurie Ohall, works with potential guardians to set up Florida guardianships whether it be for a minor child, an incapacitated adult, or a disabled adult child. Contact our Tampa guardianship law office for a free phone consultation today.