Ocala, FL attorneys

Ocala, FL Determination of Incapacity

A guardian is someone who is appointed by the court to care for an incapacitated individual or preside over the incapacitated individual’s assets. An incapacitated individual is someone who is unable to manage his/her assets, make governing decisions, and/or meet basic health and safety requirements. In order for guardians to be appointed, however, an individual’s incapacity must be proven by a special committee. If you wish to learn more about the process of determining incapacity of an individual for guardianship purposes, rely on experienced guardianship attorneys in Ocala, FL at McGraw, Rauba & Mutarelli.

Determining Incapacity for Guardianship Purposes

Florida law requires individuals wishing to seek guardianship to file a petition to determine incapacity with a court of law. Florida law also requires sound documentation to support the belief that an individual may be incapacitated. After the notice is filed, the court is required to appoint a committee to determine the alleged incapacitated individual’s ability to act, think and make self-governing decisions over his/her assets and well-being. The committee is typically made up of professionals who are considered experts in the type of alleged incapacity. Physicians are the most common type of committee members. During this process, the alleged incapacitated individual is appointed an guardianship lawyer to represent him/her. However, the alleged incapacitated individual has the option of replacing the attorney with one of his/her own choice of attorney. During the process, the alleged incapacitated individual is given a thorough physical examination, mental health examination and a functional assessment.

Based on the conclusions drawn from the examining committee, as well as the findings and evidence presented, the judge will make the final decision regarding the alleged incapacitated individual’s status and wellbeing. If the judge decides that the alleged individual is not  incapacitated, then Florida law requires that the petition is dismissed by the judge. However, if the findings suggest that the alleged individual is in fact partially or totally incapacitated, an additional hearing will be scheduled in efforts to appoint a guardian to the incapacitated individual for a given period.

Experienced Guardianship Lawyers in Ocala, FL Can Help

Guardianship is a special aspect of law that requires strong evidence, compelling justifications and clear proof that support that an individual is incapacitated. Guardianship lawyers can provide assistance with filing necessary paperwork in a timely fashion, locating and presenting information in a detailed manner, and ensuring an overall fair and equal process during the hearings.

Because determining incapacity of an individual drastically alters the incapacitated individual’s life, courts are very careful to select guardians who have high ethical and moral standards. They are careful and highly selective with who they deem to be suitable to handle the incapacitated individual’s and get along with him/her. It can be a lengthy, even invasive process for both the person wishing to obtain guardianship and the incapacitated individual.

Whether you are a concerned citizen looking to determine incapacity of an individual so that you may provide assistance to someone in need, or if you are an individual who believes that you have the knowledge, skills and functional abilities to preside over your own assets and life decisions, a guardianship lawyer will be useful to you.

Guardianship Law Firm in Ocala, FL

At our guardianship law firm in Ocala, FL, you can trust that our experienced advocacy law attorneys and guardianship lawyers can help you during this significant time. In fact, our attorney, Mrs. Shealy Rauba has represented petitioners, guardians and alleged incapacitated individuals during the Florida guardianship process. Hence, our legal team is made up of skilled professionals who have diverse experiences and perspectives on all sides of the guardianship process.  

To schedule a consultation, contact our guardianship law firm today.

(352) 789-6520