1. What is the function of the Clerk's Mental Health Division?
2. What is an incapacitated person?
3. What happens after a petition for incapacity is filed?
4. Can the petition for incapacity be filed in Orange County even though the alleged incapacitated person's property is in another county?
5. How much does it cost to file a petition for incapacity?
6. Why does the court appoint an attorney, even if I already have one?
7. Why can't the alleged incapacitated person's family doctor be appointed to the examining committee?
8. What is a ward?
9. Will an incapacitated person lose his or her driver's license?
10. How soon can I be appointed the guardian for an incapacitated person?

What is the function of the Clerk's Mental Health Division?
The Clerk's Mental Health Division maintains the court's records when proceedings are held to determine incapacity of an adult, as well as the judicial restoration of capacity. The procedures to determine incapacity are set out in Part V, Chapter 744, Florida Statutes.

The Mental Health Division also maintains records pertaining to the involuntary commitment for treatment of a mental illness or substance abuse; protective services for disabled adults or elderly persons; persons with developmental disabilities; persons with tuberculosis; and guardian advocates for mentally ill patients.

What is an incapacitated person?
An incapacitated person is a person who has been judicially determined to lack the mental capacity necessary to manage at least some of his or her property or who cannot provide for his or her own health and safety. If you believe that it may be necessary to petition the court for a judicial determination of incapacity of someone you know, you may want to contact an attorney for legal advice. If you do not know an attorney, you may call the Orange County Bar Lawyer Referral Service at (407) 422-4537.

What happens after a petition for incapacity is filed?
After a petition for incapacity is filed, the court will appoint an attorney to represent the interests of the alleged incapacitated person. The court will also appoint an examining committee, which assists in determining the alleged incapacitated person's ability to exercise certain statutory rights.

Can the petition for incapacity be filed in Orange County even though the alleged incapacitated person's property is in another county?
Yes, The venue for a determination of incapacity is the county where the person resides or is found.

How much does it cost to file a petition for incapacity?
There are many costs associated with filing a petition for incapacity. The filing fee is $87.75. The court appointed attorney's fee could be as much as $125 per hour. The fee for the examining committee is often around $780. The court appointed attorney's fee and the examining committee's fee are ultimately charged against the incapacitated person's assets; however, if the person is indigent, the fees are paid by Orange County. If the petition is dismissed without an adjudication of incapacity, and the court finds that the petition was filed in bad faith, the costs may be assessed against the petitioner.

Why does the court appoint an attorney, even if I already have one?
The court appoints an attorney to represent the best interests of the alleged incapacitated person, which are sometimes different from the interests of the petitioner.

Why can't the alleged incapacitated person's family doctor be appointed to the examining committee?
According to Florida law, the attending or family physician may not be a member of the examining committee unless good cause is shown to the court for his or her appointment.

What is a ward?
If a person is adjudicated to be incapacitated, the court will specify which rights the person is incapable of exercising. The court must then appoint a guardian or guardians to exercise those specified rights on behalf of the incapacitated person. When a guardian is appointed, the incapacitated person is then referred to as the ward.

Will an incapacitated person lose his or her driver's license?
It is possible that the right to have a driver's license will be one of the rights removed by the court when a person is adjudicated incapacitated

How soon can I be appointed the guardian for an incapacitated person?
The court may appoint an emergency temporary guardian if necessary. This type of guardian is usually appointed within 48 hours. A guardian of the person, a guardian of the property, or a guardian of the person and property will usually be appointed within approximately 30 days. Refer to Guardianships for more information about guardians.

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