Pursuant to Florida Statute 744.102, an incapacitated person is defined as “a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.” In other words, an incapacitated person is someone who cannot care for him or herself and the person has been declared incapacitated by a court.
For a Florida court to determine whether a person is incapacitated, an interested person, family member, or guardian requests a court to determine the capacity of the person. The court will appoint an attorney for the person and three examining committee members who have medical backgrounds and training to determine whether someone is incapacitated.
The court-appointed attorney and three examining committee members must meet with the potential incapacitated person. The examining committee members write reports and file them with the court. Then there is a court hearing, the reports are examined, the judge hears from the attorney and interested parties, family members, or guardian.
If two of the three examining committee members determine that the person has capacity, then the court will likely find that the person has capacity. If two of the three examining committee members determine that the person is incapacitated, then the person will likely be declared either fully incapacitated or incapacitated to a degree.