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What is an Examining Committee Report in a Florida Incapacity and Guardianship Case?

An Examining Committee Report in an Orlando, Florida area incapacity and guardianship case is a clinical evaluation report performed by an Examining Committee member to show whether an individual has capacity. It shows the assessment of the Alleged Incapacitated Person. The Examining Committee consists of three members: a psychiatrist, a psychologist, and a lay person like a social worker, a licensed mental health counselor, or a nurse. 

How the Examination Works

The Examining Committee members visit and examine the Alleged Incapacitated Person wherever they are located, whether it’s a skilled nursing home, an assisted living facility or a house. Since the Covid-19 pandemic started, the Examining Committee Members usually meet with the Alleged Incapacitated Person via Zoom. 

The committee starts with a physical examination of the Alleged Incapacitated Person. They should speak with the person they are examining to elicit what information the person knows. They check their memory. They may administer a Mini Mental Health Test. They ask questions, such as who the current President of the United States is, and see if they can count backward by sevens. Then, they show the person three items to identify and ask the person to repeat the three objects they were shown a few minutes later. This helps them determine whether the person is oriented to time, place, and manner. 

Determining the Results

The Examining Committee reviews the chart at a facility, considering the Alleged Incapacitated Person’s medical history, diagnosis, and medicines. They may call the Alleged Incapacitated Person’s physician for more information, which would be included in the report. The report includes demographic information such as age, race, gender, education, etc.; history and present illness; psychosocial history such as occupation, current living situation, family history of psychiatric and medical illness. It also includes behavioral observations such as appearance, mood, and speech. 

As a result, the Examining Committee Report will state whether the Alleged Incapacitated Person is  incapacitated or not incapacitated. This will show if there should be a Plenary Guardianship (Guardianship of Person and Guardianship of Property where all delegable rights are delegated to the Guardian), a Limited Guardianship (wherein only certain delegable rights are delegated to a Guardian), or that there is no need for a Guardianship. 

If you have more questions regarding a Marital and Family Law 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.