Sarasota Attorneys Assist with Guardianship of an Incapacitated Person

If a person appears to be incapacitated, and does not have a Living Will, Durable Power of Attorney or trust designating someone to make decisions on his or her behalf, a concerned person may petition the court to become guardian. Any adult who is capable of carrying out guardianship duties may petition the court.

The petition must present facts supporting the allegations that the person is incapacitated. Essentially, people are incapacitated when they are unable to manage their own property or to take care of their own health and safety needs.

The court has several steps to take before declaring someone incapacitated. There are physical and mental exams that must be conducted as well as a financial assessment. The party alleged to be incapacitated must have legal representation and will be declared incapacitated only if a three member committee agrees the person is incapacitated after they have reviewed the reports of the examiners.

At our Wills, Trusts, Probate and Elder Law Firm, PLLC in Sarasota, Florida, we represent those who need to pursue Guardianship over an allegedly incapacitated person as well as those who are fighting having a guardian appointed. Contact us for a free 30 minute consultation to discuss the specific facts of your situation and we will help you decide how to proceed.


Guardianships are governed by Chapter 744 of the Florida Statutes. Also known as the “Florida Guardianship Law”.