The Clerk's Mental Health Division maintains the court's records
when proceedings are held to determine incapacity of an adult, as
well as the judicial restoration of capacity. The procedures to
determine incapacity are set out in Part V, Chapter 744, Florida
Statutes. The Mental Health Division also maintains records pertaining
to the involuntary commitment for treatment of a mental illness
or substance abuse; protective services for disabled adults or elderly
persons; persons with developmental disabilities; persons with tuberculosis;
and guardian advocates for mentally ill patients. Learn
more about the functions of the Clerk's Mental Health Division.
What is an incapacitated person?
An incapacitated person is a person who has been judicially determined
to lack the mental capacity necessary to manage at least some
of his or her property or who cannot provide for his or her own
health and safety. If you believe that it may be necessary to
petition the court for a judicial determination of incapacity
of someone you know, you may want to contact an attorney for legal
advice. If you do not know an attorney, you may call the Orange
County Bar Lawyer Referral Service at (407) 422-4537.
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What happens after a petition for
incapacity is filed?
After a petition for incapacity is filed, the court will appoint
an attorney to represent the interests of the alleged incapacitated
person. The court will also appoint an examining committee, which
assists in determining the alleged incapacitated person's ability
to exercise certain statutory rights.
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Can the petition for incapacity
be filed in Orange County even though the alleged incapacitated
person's property is in another county?
Yes, The venue for a determination of incapacity is the county
where the person resides or is found.
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How much does it cost to file a petition for
incapacity?
The current filing fee for an incapacity can be found on the Clerk's filing
fee webpage .
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Why does the court appoint an attorney,
even if the alleged incapacitated person already has one?
The court appoints an attorney to represent the best interests
of the alleged incapacitated person, which are sometimes different
from the interests of the petitioner.
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Why can't the alleged incapacitated
person's family doctor be appointed to the examining committee?
According to Florida law, the attending or family physician may
not be a member of the examining committee unless good cause is
shown to the court for his or her appointment.
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What is a ward?
If a person is adjudicated to be incapacitated, the court will
specify which rights the person is incapable of exercising. The
court must then appoint a guardian or guardians to exercise those
specified rights on behalf of the incapacitated person. When a
guardian is appointed, the incapacitated person is then referred
to as the ward.
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Will an incapacitated person lose
his or her driver's license?
It is possible that the right to have a driver's license will
be one of the rights removed by the court when a person is adjudicated
incapacitated
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How soon can I be appointed the guardian
for an incapacitated person?
The court may appoint an emergency temporary guardian if necessary.
This type of guardian is usually appointed within 48 hours. A
guardian of the person, a guardian of the property, or a guardian
of the person and property will usually be appointed within approximately
30 days. Refer to Guardianships
for more information about guardians.
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