What Is the Examining Committee in an Orlando, Florida Area Guardianship Case?
- May 15, 2020
- ontarget
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The Examining Committee in an Orlando, Florida Area Guardianship case consists of 3 members: a medical doctor who is usually a psychiatrist, a psychologist, and a layperson that is usually a licensed mental health worker, social worker, or a nurse. These three people meet with the alleged incapacitated person and file a report with the court titled “Examining Committee Member Assessment”. Besides meeting with the alleged incapacitated person and examining them, they speak with the alleged incapacitated person’s treating physician, determine what medicines they are taking, and check their medical records.
In the report, the examining committee members make recommendations to the court on the alleged incapacitated person’s ability to retain his or her rights.
Each Examining Committee Member reports to the court whether the incapacitated person has the capacity to:
- Make informed decisions regarding his/her right to marry.
- Make informed decisions regarding his/her right to vote.
- Make informed decisions regarding his/her right to personally apply for government benefits.
- Make informed decisions regarding his/her right to have a driver’s license or operate a motor vehicle.
- Make informed decisions regarding his/her right to travel.
- Make informed decisions regarding his/her right to seek or retain employment.
- Make informed decisions regarding his/her right to contract.
- Make informed decisions regarding his/her right to sue or assist in the defense of suits of any nature against him or her.
- Make informed decisions regarding his/her right to manage property or to make any gift or disposition of property.
- Make informed decisions determining his/her residence.
- Make informed decisions regarding his/her right to consent to medical and mental health treatment.
- Make informed decisions affecting the social environment or other social aspects of his/her life.
The Examining committee also recommends to the court whether the alleged incapacitated person lacks or has the capacity to make informed decisions regarding his or her rights and method of protective services less restrictive than Guardianship is not adequate to protect the person from substantial risk of harm to his or her personal welfare or financial affairs.
They recommend whether the alleged incapacitated person has or lacks the capacity to:
Decisions concerning travel or where to live.
Consent to or refusal of medical or other professional care.
Permitting access to or refusal to consent to release of confidential records and papers.
Control or management of real property.
Management of business.
Acting as member of partnership.
Making contracts.
Payment or collection of debts.
Making gifts.
Initiation, defense, or settlement of lawsuits.
Execution of a will or waiving the provisions of exuding will.
Decisions concerning education.
Admission to Florida Hospital.
If you have more questions regarding a Guardianship 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 information purposes only; and it does not form an attorney client privilege.