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Determining Incapacity

Determining Incapacity of a Person in Florida

As an attorney in Broward County who has handled many cases involving guardianships, our law firm can file a Petition to Determine Incapacity in Broward, Miami, or Palm Beach. Call us at (800) 337-7755 for a free consultation.

How do You Determine the Incapacity of a Person in Florida?

Under Florida Statute section 744.3201, there are several requirements which must be set out in your petition to determine incapacity:

  1. The petition may be executed by an adult person.
  2. The petition must be verified and must:
    1. State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person;
    2. State the name, age, county of residence, and present address of the alleged incapacitated person;
    3. Specify the primary language spoken by the alleged incapacitated person, if known;
    4. Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations;
    5. State the name and address of the alleged incapacitated person’s attending or family physician, if known;
    6. State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and
    7. State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.

A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.

If you do not include all of the required provisions, the Court may dismiss your petition to determine incapacity.

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