§ 744.3201 — Petition to determine incapacity

Florida § 744.3201

• Jurisdiction: Florida
• Title: XLIII
• Ch. 744: GUARDIANSHIP

Text

(1) A petition to determine incapacity of a person may be executed by an adult person.

(2) The petition must be verified and must: (a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person; (b) State the name, age, county of residence, and present address of the alleged incapacitated person; (c) Specify the primary language spoken by the alleged incapacitated person, if known; (d) State whether the alleged incapacitated person uses assistance to exercise his or her rights, including, but not limited to, supported decisionmaking, and if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights; (e) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations; (f) State the name and address of the alleged incapacitated person’s attending or family physician, if known; (g) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and (h) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.

(3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.

Legislative History

s. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102; s. 4, ch. 2024-242.