An incapacity determination arises in conjunction with the filing of an adult involuntary guardianship. The incapacity determination is the process in which a family member or friend files a petition to determine incapacity and the Court appoints a three-person medical examining committee to assess the alleged incapacitated person’s ability to manage their affairs. The medical examining committee evaluates the person for cognitive, functional, physical, and psychiatric impairments and files a written report with the Court. If the written reports are contested by the alleged incapacitated person via their court-appointed counsel, then the Court sets an evidentiary hearing. An incapacity determination in Florida can be found on a wide variety of grounds, some of which include: Dementia, Alzheimer’s, Schizophrenia, Bi-Polar Disorder, Schizoaffective Disorder, Compulsive Personality Disorder, Oppositional Defiant Disorder, Post-Traumatic Stress Disorder, Addiction, Mental Illness, Alcoholism, and injuries due to stroke or a catastrophic accident.
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