Legal Question in Elder Law in Florida

Mental Competence

My father in law resides in Florida. He is 78 years old and is in very poor physical condition. He is exhibiting irrational and aggressive behavior. Our family unanimously agrees he should be in a nursing home. He refuses to go. What is the procedure for getting a person declared mentally incompetent in FL? Would having his declared incompetent allow us to put him in a facility so that he can get the care he needs?


Asked on 8/14/07, 11:18 am

1 Answer from Attorneys

David Ellis david Robert Ellis, P.A.

Re: Mental Competence

Someone will need to file a Guardianship action requesting that your father be determined to be mentally incompetent and requesting that a guardian be appointed for him. The guardian can then move him into a nursing home.

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Answered on 8/14/07, 11:44 am


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