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Representing the Alleged Incapacitated Person in a Guardianship Case in the Orlando, Florida Area

In an Incapacity and Guardianship case, the Court appoints an attorney for the alleged incapacity person. However, the alleged incapacitated person has the right to hire their own private attorney if they so choose to do so. They may hire their own attorney at any point of the proceeding until they are adjudicated incompetent. If the Petitioner has filed for an emergency temporary guardianship, then the court should appoint an attorney to represent the alleged incapacitated person at the emergency temporary guardianship hearing. The alleged incapacitated has a right to such a  hearing under Florida Statute law.

There are challenges in representing an alleged incapacitated person in an Orlando, Florida area case who has been diagnosed with Alzheimer’s or Dementia. The alleged incapacitated may not totally comprehend what is happening. You will need to check the person’s medical records to determine the extent of their diagnosis and how it impacts their understanding and communication.  You should learn what medications they are taking. You should talk to the alleged incapacitated’s relatives, friends, and doctors.

Further, when you speak to the alleged incapacitated person, you should speak slowly. Give the person time to absorb what you are saying. If your client is elderly, you may need to speak louder than usual because they may be hard of hearing. Try not to upset them when you are speaking with them. Be kind to them. You need to be patient with them when discussing their defense. They will probably be very upset that a Guardianship was filed against them. They will probably be angry. They probably will be angry at their relatives who filed for Guardianship.

They will tell you that they are fine. They will tell you that they can live on their own. They will tell you they do not need caregivers in their home. They will tell you they do not want to live in a nursing home.

As their attorney, you must give them competent and diligent representation. You are to communicate with the client and ascertain, as best as you can, the objectives of the client. The attorney should be aware and follow the client’s objectives during the representation.  You must also consider the client’s best interest while advocating for what they want you to achieve.

They may also hire their own independent expert to evaluate them if they are not happy with the three examining committee reports. There is also the option of getting the family together to mediate the case. That may be less stressful. If the mediation is

successful, then the elderly person most likely will not have to go to court. This can be beneficial to the elderly person because can be very stressful to the alleged incapacitated person.

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. You may also visit my

website at https://www.annmariegildenlaw.com

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