RULE 5.901. FORM FOR PETITION TO DETERMINE INCAPACITY

MODEL FORM FOR USE IN PETITION TO DETERMINE
INCAPACITY PURSUANT TO FLORIDA PROBATE RULE 5.550



In the Circuit Court of the
Judicial Circuit,
in and for
County, Florida

Probate Division
Case No.
In Re: Guardianship of


Respondent’s Name
An Alleged Incapacitated Person



PETITION TO DETERMINE INCAPACITY

Petitioner, .....(name of petitioner)....., files this petition seeking a
determination of incapacity of the respondent and states:

1. Petitioner’s name: Petitioner’s age:

Petitioner’s home address and mailing address:


Petitioner’s relationship to the respondent:


2. Respondent’s name: Respondent’s age:

Respondent’s home address, mailing address, county of residence:



Primary language of the respondent:
3. The factual basis for alleging incapacity:



4. List all persons, with their name and address, known to have
information relating to the basis for alleging incapacity:




5. Which rights are being sought to be removed under section
744.3215, Florida Statutes? Indicate which rights that the petitioner requests
be removed from the respondent, but not delegated to a guardian:

( ) a. to marry. If the right to enter into a contract has been
removed, the right to marry is subject to court approval;

( ) b. to vote;

( ) c. to personally apply for government benefits;

( ) d. to have a driver license;

( ) e. to travel; and

( ) f. to seek or retain employment.

Indicate which rights that the petitioner requests be removed from the
respondent, but may be delegated to the guardian:

( ) a. to contract;

( ) b. to sue and defend lawsuits;

( ) c. to apply for government benefits;

( ) d. to manage property or to make any gift or disposition
of property;

( ) e. to determine his or her residence;

( ) f. to consent to medical and mental health treatment;
and
( ) g. to make decisions about his or her social environment
or other social aspects of his or her life.

If all of the above are checked a determination of plenary incapacity is
requested. If only some of the above are checked a determination of limited
incapacity is requested.

6. Is a guardianship being sought? Yes No

Check any possible alternatives to guardianship:

( ) a. trust agreements;

( ) b. powers of attorney;

( ) c. designations of health care surrogates;

( ) d. other advance directives; or

( ) e. other

If a guardianship is being sought, explain why the checked possible
alternatives to guardianship are insufficient to meet the needs of the
respondent:


7. List the names, addresses, phone numbers, and relationships of
the living next of kin of the respondent, including date of birth if the person is a
minor. If married, this includes the spouse and all of his or her children:

Name Address Relationship




8. Name, address, and phone number of family physician, if known:


WHEREFORE, this court is respectfully requested to determine
incapacity of the respondent, award attorney’s fees and costs pursuant to
Chapter 744, Florida Statutes, and grant such other relief as the court deems
just and proper.
Under penalties of perjury, I declare that I have read the foregoing, and
the facts alleged are true, to the best of my knowledge and belief.

Signed on .....(date)......


Petitioner’s Signature
Petitioner’s Printed Name:

Petitioner’s Address:

Petitioner’s Phone Number:
Petitioner’s E-mail Address: