A Jacksonville Guardianship & Incapacity Attorney Can Guide You Through the Proceedings Process
Life takes unexpected twists and turns; sometimes, we must handle a delicate situation with compassion and skill. Watching a family member grow older and no longer able to care for themselves is one of those times. Having a family member become injured and no longer able to handle their own affairs is another. At Dixon Law, attorney Dale Dixon is a Jacksonville guardianship and incapacity attorney that can help steer you through this difficult process with empathy and understanding.
Obtaining Guardianship Through An Incapacity Proceeding In Florida
The process for obtaining guardianship is not simple and for a very good reason. It involves taking away a person’s right and ability to make their own decisions. Because of this, the court is very involved in the entire process. Listed below are the basic steps that must be taken to obtain guardianship through an incapacity proceeding. For answers to questions about your specific situation, speak with Jacksonville guardianship and incapacity attorney Dale Dixon at Dixon Law.
Petition to Determine Incapacity
Any adult can file a Petition to Determine Incapacity in the probate court. Most courts will require the petition to have the following:
- That it be signed under oath
- The name of the alleged incapacitated person (AIP), as well as other identifying information
- The petitioner’s relationship to the AIP
- Why the petitioner believes the AIP is incapacitated
- The names of other person’s that can testify as to the facts
- The name of the AIP’s physician(s)
- The extent to which the petitioner believes the AIP is incapacitated and what responsibilities the petitioner believes the AIP is incapable of handling on their own
- The names of the AIP’s next of kin
Incapacity Hearing
Once the petition is filed, an incapacity hearing will be held. Three different people generally conduct this hearing: two physicians and one person that has the training or specialized knowledge to form an opinion regarding the incapacitation. The committee must report its findings to the court. If at least two members find the AIP to be incapacitated, a hearing will be held. Also, at this stage, the AIP is appointed an attorney.
At the hearing, a judge will decide if the AIP is incapacitated and if so, to what degree they are incapacitated.
Guardian Appointment
If the judge finds that the AP is incapacitated, they can appoint a guardian, typically a family member of the AIP, to handle the AIP’s affairs. However, even after the guardian is appointed, there are certain mandates the guardian must comply with, including submitting treatment plans and accountings to the court.
Speak With Jacksonville Guardianship & Incapacity Attorney Dale Dixon
Incapacity proceedings to obtain guardianship must follow mandated court procedure, and are best handled by an experienced Jacksonville guardianship and incapacity attorney. If you are facing a situation where you need to seek guardianship, contact Dale Dixon at Dixon Law.