Legal Question in Family Law in Florida
Declaring mentally sick mother Incompetent / Incapacitated
My mother has been baker acted over 30 times in the past 2 years, this is ongoing in and out for over 10. She has mental and physical disabilities and cannot financially support herself.
Her condition is only getting worse, my family and i are wondering what our options are and what's required for a judge to consider declaring her incompetent?
Thank you in advance -Steven
2 Answers from Attorneys
A petition to have a guardian appointed is required. Medical affidavit is required.
Mr. Slater is correct. You should file for emergency temporary guardianship and have the court take it from that point - then you will need a full guardianship hearing - the court has a committee that we evaluate your mom - if she is declared incompetent and you are given PLENARY guardianship, then you will have control of where she lives, meds she needs to take and appointments to keep, and control of her assets.
If I can be of assistance, please contact my office for an appointment.
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