Planning Ahead - Florida Developmental Disabilities Council

A Comparison OfGuardianship StatutesChapter 393 Chapter 744Petition to determine incapacity:NONEPetition to determine incapacity:Petitioner alleges person to be incapacitated,specifying information on whichbelief is based; states which rights enumeratedin statute is incapable of exercising.The petition for appointmentof a guardian must be filed WITH thispetitionExamining Committee:NONE.Existing evaluations that have beenperformed by the appropriate professionalsfor the alleged disability areused, as well as any other existing evaluationsand support plans that exhibitthe need for appointment of a guardian.These are usually evaluations thathave been used to determine eligibilityfor services in the Developmental DisabilitiesProgram and plans identifyingwhich services are needed.Examining Committee to determineincapacity:3 members – One must be psychiatristor other physician; one may beeither a psychologist, gerontologist,another psychiatrist or other physician,a registered nurse, nurse practitioneror licensed social worker; one may beany of the above. One member of thecommittee must have knowledge of thealleged disability. Members of the committeemay not be related to or associatedwith one another or with the petitioneror alleged incapacitated person.Petitioner or family physician MAY NOTbe on committee. However, if the familyphysician is available, the committeeMUST consult with him/her.92Section 3, Helpful Attachments