Legal Question in Civil Litigation in Florida
Mental state at Question
If I feel that a family members mental health is at question and there is other family members taking advantage of this. Can I request a judge to review her mental state and remove those from harming her. I have heard of something called ex-parte, exacting what is this?
2 Answers from Attorneys
Re: Mental state at Question
Depending on your relationship to the allegedly mentally incapacitated person, you may initiate a process commonly referred to as "Baker Act" and seek to be appointed guardian, but I am not qualified to render advice on the particulars of such process. Seek the advice of qualified counsel or contact the appropriate state agency to determine whether you have standing to bring about the legal action you are contemplating, and, if so, what steps need to be taken to effectuate such action. Good luck.
Re: Mental state at Question
Ex parte involves one party seeking relief from a court without notice to anyone else. Your situation does not apply. Depending on your relationship, you may have standing to petition the court for a conservator or guardian.
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