Legal Question in Family Law in Florida

Re: Mental Incompentency

First you would need a medical doctor to be able to say in Court that your father is incompetent. The you would establish same through Probate Court. There is a lot you must do and the best thing is to get a lawyer in your county to assist. You can be established as the guardian and conservator of person and property

Re: Mental Incompentency

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The first step is to file a Petition to Determine Incapacity with the Department of Mental Health in the county in which you live. Generally this is followed by a Petition for Guardianship. The court will appoint a committee to investigate and meet with the alleged incompetent to determine if the petition is proper. The committee will usually include two doctors and a lay person. Each will file a report with the court with their findings. A hearing will then be held when the court will determine if the person should be found to be incompetent, or to what extent the person may be incompetent. From there, the guardianship proceedings will begin. This is a complicated procedure and you will need to retain an attorney to file the necessary pleadings and guide you through the process.

Scott R. Jay, Esq.