Guardianship

Incapacity - Fla. St. 744.3201

A Petition to Determine Incapacity may be filed when it is necessary that the Court determine whether an adult person lacks the capacity to manage at least some of his/her property or to meet at least some of the essential health and safety requirements to care for his/her person. A Petition to Determine Incapacity may be executed by an adult person. Once the petition is filed, an examining committee is appointed and an attorney is appointed to represent the alleged Incapacitated Person. The Examining Committee must be composed of a Psychiatrist, a Psychologist or Gerontologist and a Layperson. The Examining Committee files a written report. The hearing is usually set within 34 days of the filing of the petition.


Developmental Disabilities - Involuntary Admission - Florida Statue 393.11

A petition for involuntary admission may be filed by a petitioning commission consisting of three adults one of whom must be a licensed physician. The petition must state that a person with mental retardation needs residential services provided by the Department of Children and Families. A hearing is set, counsel appointed for the patient and a examining committee is summoned. The examining committee must include a licensed physician, a licensed psychologist and a professional with expertise in developmental disabilities. The examining committee must prepare a report and testify at the hearing. The hearing must be held as soon as practicable after the petition is filed. A general master may preside at the hearing. If the court finds that the individual meets the criteria for involuntary admission, an order is entered by the court directing the department to place the person in the most appropriate, least restrictive facility available. An order authorizing involuntary   admission is never considered an adjudication of incapacity. The issue of incapacity must be treated separately under the requirements of Florida Statue 744.