Legal Question in Credit and Debt Law in Florida

Re: Declaring someone incompetent in financial affairs

A lawyer who practices in this area (not one who merely claims to do so, along with many other areas of law), and has significant experience in these matters, will discuss and walk you through it. It is not something to do without knowing all steps and roadblocks. Preferably, the lawyer will be in the area where your father resides. The "how to" is far too detailed for this, and you'll need a lawyer anyway.

Re: Declaring someone incompetent in financial affairs

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Filing a guardianship is a complicated and costly matter. First, you need to file with the mental health department to have the person mental health capacity evaluated. If the department agrees with you, then you can file for a guardianship with the probate court in your county.

The court will appoint a committee of two doctors and a lay person to further evaluate your father. An attorney ad litem (for the litigation)will also be appointed. They will visit with dad and make a determination as to whether or not he is competent. A hearing will then be held at which time the court will decide if a guardian should be appointed.

If your dad has the ability to pay, the court will order that the committee and the attorney ad litem be paid from dad's monies. If not, these fees may be waived by the court.

This is a very complicated matter and you will need to be represented by an attorney during the proceedings and later if appointed as guardian. I would suggest that you retain an attorney who is qualified to handle a guardianship and let him or her work with you throughout the proceedings in order to protect your father.

Scott R. Jay, Esq.