Legal Question in Family Law in Florida

Re: Declaring Incompetent

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You must first file a petition with the mental health section of your local court. They will take the initial interview with you and advise you of what additional steps to follow.

You will probably have to file a Petition for Guardianship. An attorney is required for this kind of action. A committee consisting of two doctors and a lay person are generally appointed to report to the Court with their opinions on the person's competence or lack thereof. A hearing is then held when their reports are filed and the Court makes a determination.

I do want to warn you that this can be a costly procedure. All members of the committee are compensated. An attorney ad litem may also be appointed to represent the alleged incompetent.

Scott R. Jay, Esq.