The Florida Bar states:
“An incapacitated person is an adult who has been judicially determined to lack the capacity to manage at least some of his or her property or to
meet at least some of the essential health and safety requirements of the person.
HOW IS A PERSON DETERMINED TO BE
INCAPACITATED?
Any adult may file a petition to determine another person’s incapacity with the court setting forth the factual information upon which they base
their belief that the person is incapacitated. The court then appoints a committee of three members, usually two physicians, and another person
who by knowledge, skill, training or education can form an expert opinion. One of the three members of the committee must have knowledge of
the type of incapacity alleged in the petition and each member of the committee must submit a report of his/her findings to the court. The
examination of the incapacitated personnormally includes 1) a physical examination, 2) a mental health examination and 3) a functional
assessment. The court also appoints an attorney to represent the person alleged to be incapacitated; however, the alleged incapacitated person
may substitute his or her own attorney for the attorney appointed by the court. If the majority of the examining committee concludes that the
alleged incapacitated person is not incapacitated in any respect, the judge is required to dismiss the petition. If the examining committee finds the person is unable to exercise certain rights, however, the court schedules a hearing to determine whether the person is totally or partially
incapacitated. If a person is found to be incapacitated in any respect, a guardian is appointed at the end of the incapacity hearing unless there are
lesser restrictive alternatives to guardianship which adequately address the person’s incapacity.