Guardianship Administration

Florida Statute 744.3201(a) provides that any adult person may petition the court to determine the incapacity of any other person.  Upon the petition being filed, the court will appoint an examining committee of three members, one of whom must be a psychiatrist or physician and who must individually examine the alleged incapacitated person and submit a report and finding to the court, upon which it will base its decision.  The burden on proving incapacity is on the petitioner and the incapacity hearing is an evidentiary hearing where witnesses may be called and evidence may be admitted on the record.  In guardianship matters before the court we can represent the petitioning party, the alleged incapacitated person or other individuals who may choose to object to the appointment of a guardian.