What it means
Before any Florida court declares an adult incapacitated, §744.331 runs a fixed procedure. The court appoints an attorney for the alleged incapacitated person and, within 5 days of the petition, an examining committee of three members — one must be a psychiatrist or other physician. Each member examines the person and files a written report within 15 days of appointment.
If a majority of the committee concludes the person is not incapacitated, the court must dismiss the petition. Otherwise the case goes to an adjudicatory hearing set 10 to 30 days after the last filed report, where incapacity must be proved by clear and convincing evidence — and before appointing a guardian the court must weigh alternatives to guardianship.
- Every alleged incapacitated person gets a court-appointed attorney, who cannot later serve as the guardian or as the guardian's counsel.
- A three-member examining committee is appointed within 5 days; one member must be a psychiatrist or other physician.
- Each committee member files a written report within 15 days of appointment — diagnosis, prognosis, and which rights the person can still exercise.
- If a majority of the committee finds no incapacity, the petition must be dismissed.
- The adjudicatory hearing comes 10–30 days after the last filed report; the standard is clear and convincing evidence.
- The court must consider alternatives to guardianship — powers of attorney, surrogates, trusts — before appointing a guardian.
How it plays out
Guardianship is the most process-heavy thing the probate court does, and §744.331 is why: three examiners, an independent attorney, and a judge all look at the person before any right is removed. Families are often surprised that the committee can end the case by itself — a majority finding of capacity means dismissal. Our other conversations run the opposite way: a signed durable power of attorney and health care surrogate often mean the hearing never has to happen, because the court must consider those alternatives first.
Questions people ask
