Estate Planning

Florida Guardianship Examining Committee: What must the reports include?

By David M. Goldman

Florida Guardianship Examining Committee: What must the reports include?

In a Florida Guardianship, what must be included in the Florida Guardianship Examining Committee Members? reports? This September, the District Court of Appeal for the Fourth District of Florida examined the requirements of Examining Committee Members? reports in Cook v. Cook. The Florida Guardianship Process is a legal proceeding in which the Court determines whether an individual, a potential Ward, has the required mental capacity to manage his or her own affairs. The three-person examining committee must examine the potential Ward and advise the Court if a guardianship is needed. A Guardianship is established after a court decides a potential Ward does not have the requisite mental ability. In a Guardianship, an adult is given the authority to manage the affairs of the Ward.

When a Court determines an individual does not have the requisite mental capacity to manage their affairs, certain rights are taken away. In most instances, more rights are taken away than when convicted of a felony. Due to the significance of taking away an individual?s rights, the Florida legislature has laid out specific requirements that must be strictly followed.

Full post as published by Florida Estate Planning Lawyer Blog on November 16, 2018 (boomark / email).