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The law grants adults the autonomy to manage their legal affairs and personal business, but what happens if an individual’s capability to do so is hindered, either mentally or physically? Determining incapacity for anyone is a case-by-case legal scenario that varies across state laws. If you’re a Florida resident looking to declare incapacity for your loved one, it’s best to first start with an understanding of how incapacity is determined by Florida law.

How Is Incapacity Defined by Florida Law?

Section 744.102(12) of the Florida Statutes asserts that an incapacitated individual is one who has been judicially determined to lack the capacity to make personal property decisions, or to meet health and safety needs. This also includes an inability to make critical legal decisions, such as planning an estate or drafting wills and trusts. In any instance, a relative or professional guardian can opt to become the caretaker of an incapacitated individual by requesting the court to determine incapacity in law.

Determining Incapacity in Court

Determining an individual’s incapacity in making health and legal decisions begins with a petition to the court. Petitions are signed under oath and must detail all reasons for suspecting the alleged incapacity. Some of the common reasons cited in petitions include:

• A mental disorder or other disabling condition, such as dementia
• An inability to evaluate information or communicate
• An inability to take care of oneself physically and needing the protective care of someone else

A court-appointed examination committee will evaluate the individual and submit a report to the court regarding their findings. Once a court determines that a person needs help in making legal decisions, it appoints a legal guardian who can be a family member, friend, or another person who will act in the incapacitated person’s best interests.

How Rooth & Rooth Elder Law Attorneys Can Help

If you suspect your loved one is incapable of managing their affairs, it’s critical that you seek legal guidance on navigating the court system. Our elderly law attorneys at Rooth & Rooth Elder Law Attorneys can help with estate planning, probate and trust administration, and filing petitions for conservatorship. Contact our legal experts today to learn more about our elderly law services.