Legal Question in Family Law in Florida

Incompetency

What does it take to declare a person incompetent in the state of Florida? Alcoholism is a factor. It is an immediate family member.


Asked on 1/19/08, 10:37 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Incompetency

You would have to prove that the person is a danger to himself and/or others if you want to have the person locked into a treatment center. In the case of alcoholism, the particular set of laws you are concerned with are called the Meyers Act.

If you want to take over the person's finances, you'll need to file a guardianship, in which case you'll have to prove that the person is no longer mentally capable of handling his or her own affairs.

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Answered on 1/20/08, 10:28 am


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