Any adult may file a petition with the court to determine another person’s incapacity. Upon filing of the Petition to Determine Incapacity, the court will appoint an examining committee to examine the alleged incapacitated person. The examination typically includes a physical examination, a mental health examination, and a functional assessment. The court also appoints an attorney to represent the alleged incapacitated person; however, the alleged incapacitated person may substitute his or her own attorney for the attorney appointed by the court. If the examining committee finds the person is unable to exercise certain rights, however, the court schedules a hearing to determine whether the person is totally or partially incapacitated. If a person is found to be incapacitated in any respect, a guardian is appointed at the end of the incapacity hearing unless there are lesser restrictive alternatives to guardianship which adequately address the person’s incapacity.
J. Rudi Trader is a Florida Supreme Court Certified FamilyMediator. He has practiced law as an attorney handling familylaw cases for over 30 years. His extensive experience in handling familylaw cases makes him uniquely qualified to act as a familylawmediator and help the parties get their case resolved without the expense, aggravation and uncertainty of a contested trial or hearing. Rudi is available to mediatefamilylawcases prior to the case being filed with the court or after the case has already been filed. Call Trader Legal today to schedule a mediation session regarding any familylaw issues, (321) 723-6731.
Juvenile dependency actions are filed when a parent has been accused of abuse, abandonment or neglect of a minor child. Although dependency actions can be filed by certain individuals, they are usually filed by the Department of Children and Families (DCF) of the State of Florida. If you have been accused of abusing, abandoning or neglecting a minor child in a dependency action, call Trader Legal for aggressive, experienced and competent representation (321) 723-6731.