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How Does the Court Determine Incapacity in a Guardianship Case in the Orlando, Florida Area?

How Does the Court Determine if a Person is Incapacitated in A Guardianship case in the Orlando, Florida Area? When a relative, friend, or neighbor petitions the court to have someone declared incapacitated and have a guardian appointed for the alleged incapacitated person, the court must determine whether that person is incapacitated and to what extent. The court must determine which rights the alleged incapacitated person may keep and what rights must be delegated to a guardian. How does the court determine the incapacity of the alleged incapacitated person? 

The court appoints 3 members from the examining committee to evaluate the alleged incapacitated person. The 3 persons of the examining committee consists of a medical doctor which may be a psychiatrist, a psychologist, and a lay person which is usually a nurse, social worker, or a LMHC.

The examining committee members review the petition to determine incapacity for the alleged incapacitated person’s medical diagnosis. They want to see how that diagnosis affects the alleged incapacitated person. The examining committee looks to see if these are problems that the alleged incapacitated person is currently exhibiting. The examining committee members may talk to the person that lives with the alleged incapacitated person for personal and biographical information regarding the alleged incapacitated person. 

The examining committee members individually meet with the alleged incapacitated person. After they meet with the alleged incapacitated person, they each individually file a report to the court regarding the alleged incapacitated person’s capacity. 

How does the examining committee determine capacity or incapacity at the meeting with the alleged incapacitated person? They look at many factors. They look at the attention and concentration of the alleged incapacitated person. They examine if the alleged incapacitated person is oriented to person, place, and time. They examine their past memory and recent memory. They look at the alleged incapacitated person’s problem-solving skills. 

The examining committee looks at how the alleged incapacitated person performs the activities of daily living such as: toileting, feeding, dressing, grooming, ambulating, and bathing. They look at the current medical condition of the alleged incapacitated person and the medications that they take. 

The examining committee looks at alleged incapacitated person’s ability to deal with finances such as writing checks, paying bills, and whether they can balance a checkbook. They look at whether the alleged incapacitated person can follow instructions and remember things during the conversation. 

If you have more questions regarding a Guardianship matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.