A person is deemed to be incapacitated if the or she has been judicially determined to lack the capacity to manage at least some of his or her property or to meet at least some of the essential health and safety requirements of the person. F.S. 744.102(2).
The following rights may be removed from a person by an order determining incapacity and delegated to the guardian:
The following rights may be removed from a person by an order determining incapacity but may not be delegated to the guardian:
A person who has been determined to be incapacitated retains the following rights:
Any adult person may petition to determine the incapacity of any other person. F.S. 744.3201.
Incapacity proceedings are begun when the petitioner files a Petition to Determine Incapacity. A copy of the Petition to Determine Incapacity must be served on the alleged incapacitated person, counsel for the alleged incapacitated person, and all next of kin. Rule 5.550(b)(3), Florida Probate Rules.
Within five (5) days after the Petition to Determine Incapacity is filed with Miami-Dade County Probate Court, the court must appoint an examining committee. The purpose of the examining committee is to examine the alleged incapacitated person and file a report within 15 days of appointment with his or her findings. The examining committee’s report will make a recommendations of their findings of whether the alleged incapacitated person is partially, fully, or not incapacitated.
After the examining committee completes the report, a hearing will take place and a general magistrate will oversee the proceedings. Depending on the report of the examining committee, and other evidence presented, the Magistrate will enter an order recommending incapacity or not.
Incapacitated proceedings are complicated and have strict deadlines. I can help you with the Petition to Determine Incapacity for your loved ones. This is a sensitive process and you should hire a guardianship attorney that understand’s your situation and has compassion.
Call us today at (305) 489-1415 or complete the form in this page. Your information is completely confidential.
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