Florida Guardianship: Examining Committee

In Jacksonville (Duval County) Florida and other Florida cities the examining committee consists of three members. One must be a physician or psychiatrist. Each member must examine the Alleged Incapacitate Person (AIP). The examination consists of tree parts:

1) a physical examination 2) a mental examination, and 3) a functional assessment of the person.

The committee’s report must contain a diagnosis, a prognosis, and a recommended course of action for the AIP. If all three of these are not present, it is not a valid report.

In addition, the committee must also consult the AIP’s attending physician. In the event that the examining committee finds that there is no need for a guardianship, the petition to determine incapacity shall be dismissed. If the petition is filed in bad faith, the court may impose costs and attorney’s fees on the Petitioner.

One recent change in Florida is that if 2 of the 3 don’t find a need for the guardianship, the case must be dismissed.