Petition to Determine Incapacity
Miami Guardianship Attorney
There are different reasons why someone might be considered incapacitated
and unable to manage their affairs. Once such example involves individuals
with Alzheimer's disease, which is an irreversible, progressive brain
disease that slowly destroys memory and cognitive function to the point
that the person has difficulty carrying out the simplest of tasks.
Guardianship can help a person with mental and/or physical disabilities by appointing
a surrogate decision-maker to manage the person's affairs. At critical
stages of certain diseases, the individual may have difficulties understanding,
reading, writing and speaking. In these circumstances it becomes virtually
impossible for the person to manage property, to make the appropriate
residential choices, and provide informed consent for medical treatment.
In Florida, the court can appoint an individual or an organization to act
on behalf of a person who has been judicially determined incapable of
managing his or her own affairs. In this case the incapacitated person
is referred to as the ward and the person who is appointed to manage the
ward's affairs is known as the guardian.
The guardian is responsible for managing the ward's assets, and plans
for the ward's health care and personal wellbeing. There are three
main types of guardians including:
- Family guardians
- Professional guardians who receive compensation for their services, and
- Public guardians appointed by the Statewide Public Guardianship Office
to serve indigent, incapacitated persons who don't have family or
friends available to act as their guardian
Filing the Petition
There are numerous rights that an incapacitated person may be declared
unable to exercise such as the right to marry, contract, determine his
or her residency, consent to medical treatment, personally apply for government
benefits, the gifting or disposing of property, travel, the right to drive,
seek or retain employment, and sue or defend lawsuits.
If the court determines that the alleged person is incapacitated, then
the court must appoint a guardian. If the person is partially incapacitated
then they will be appointed a limited guardian, but if they are completely
incapacitated, then a plenary (full) guardian will be appointed.
Florida Probate Rule 5.030 requires that every guardian be represented
by an attorney admitted to practice in Florida. If you wish to petition
the court for guardianship, you will need to be represented by a Miami
Contact My Coral Gables Firm Today
I urge you to
contact me for the legal representation you need. With 30 years of experience representing
clients throughout the Miami-Dade courts, I can assist you with filing
a petition to determine incapacity.