Examining Committee for Guardianships

Written by: Jason A. Waddell

Attorney licensed in Florida

I have people inquire as to who makes the determination if someone lacks capacity or has capacity. Often people will bring me a note from the person's doctor, which isn't sufficient. Rather one needs to file a Petition to Determine incapacity & the Court will appoint the following within 5 days:

1. Psychaiatrist or other physician
One of the two.

2. The next two examining committee members can be from the following class:
Psychologist, gerontologist, another psychiatrist, or other physician, a registered nurse, nurse practitioner, licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or other person who by knowledge skill, experience, training, or education may, in the court's discretion, advise the court in the form of an expert opinion.

These three members will need have taken a required course and go through a yearly review by the Court as it relates to their qualifications to remainin a potential examining committee member.

Each member will meet with the family and file a report with the Court. I will address that in a later post.