Determination of Incapacity

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.