Guardianship And Competency Hearings
Granting someone the legal authority to care for the person or property of another when that person is opposed to it is a very serious step. That is why competency hearings concerning guardianship have to be handled with great care.
At Korshak & Associates, in Orlando, our lawyers have a well-earned reputation for helping clients through the challenges of competency hearings in guardianship cases. We serve clients throughout central Florida, acting with the utmost care and professionalism as we pursue their best interests.
What Should You Expect In A Competency Hearing?
The decision about when to seek to put a guardianship in place varies considerably from case to case. For example, an aging person whose mental faculties are failing might request a voluntary guardianship of property in order to manage finances. There is no formal hearing required in those cases.
It is a quite different situation, however, when concern about incapacity leads to a legal petition seeking an involuntary guardianship. This typically occurs when someone seems to lack the mental capacity to make his or her own decisions about medical care or property management.
The hearings to make these determinations are very sensitive and come with many procedural safeguards. For starters, formal notice must be given. There must also be an attorney for the person alleged to be incapacitated, as well as for the party seeking a guardianship.
The alleged incapacity may be due physical impairments, mental conditions or a combination of the two. Florida law requires the appointment of a committee of experts to help the court make a determination about incapacity.
Contact Our Attorneys For Guidance On Guardianships
Our firm can guide you capably and compassionately through the competency hearing process in guardianship cases. Our attorneys have the skill and experience to make sure your rights are protected and the sensitivity to treat others with respect, even when emotions run high.