Florida Statutes
Fla. Stat. § 744.3201 (2025)
Petition to determine incapacity.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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744.3201 Petition to determine incapacity.—
(1) A petition to determine incapacity of a person may be executed by an adult person.
(2) The petition must be verified and must:
(a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person;
(b) State the name, age, county of residence, and present address of the alleged incapacitated person;
(c) Specify the primary language spoken by the alleged incapacitated person, if known;
(d) State whether the alleged incapacitated person uses assistance to exercise his or her rights, including, but not limited to, supported decisionmaking, and if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights;
(e) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations;
(f) State the name and address of the alleged incapacitated person’s attending or family physician, if known;
(g) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and
(h) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.
(3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.
History.—s. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102; s. 4, ch. 2024-242.
Notes of Decisions
Cited in 30
cases (3 in the last 5 years), 1990–2025 · leading case: Juan Mendez, Jr., etc. v. Hampton Court Nursing Ctr., LLC., 203 So. 3d 146 (Fla. 2016).
Juan Mendez, Jr., etc. v. Hampton Court Nursing Ctr., LLC., 203 So. 3d 146 (Fla. 2016). “See §§ 744.3201, 744.334, Fla. Stat. An appointed guardian would have held the power to contract on the father’s behalf for his residency at Hampton Court.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 744.3201, Fla. Stat. Petition to determine incapacity.”
Borden v. Guardianship of Borden-Moore, 818 So. 2d 604 (Fla. 5th DCA 2002). “Section 744.3201(1), Florida Statutes (2000) provides that any "adult person" may petition to determine the incapacity of any other person.”
Katke v. Bersche, 161 So. 3d 574 (Fla. 5th DCA 2014). “Nonetheless, the trial court allowed Kar-dos to proceed under the Second Petition, holding that under section 744.3201(1), Florida Statutes, Kardos has standing to file the petition because she is an “adult person.”
Faulkner v. Faulkner, 65 So. 3d 1167 (Fla. 1st DCA 2011). “Section 744.3201 sets forth the requirements for a petition to determine incapacity.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “Statutory References § 744.3201, Fla. Stat. Petition to determine incapacity.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 744.3201, Fla. Stat. Petition to determine incapacity.”
Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). “Facts In early 2014, Temporary Guardian and his two sisters filed an emergency guardianship petition pursuant to section 744.3201 of the Florida Statutes to determine the capacity of their father, Ward.”
In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016). “§ 744.3201, Fla. Stat. Petition to determine incapacity.”
Ly v. Dept. of Health & Rehab., 696 So. 2d 430 (Fla. 4th DCA 1997). “The circuit court then reviews the condition of the ward annually, or more frequently *432 by petition, pursuant to sections 744.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). “§ 744.3201, Fla. Stat. Petition to determine incapacity.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 744.3201, Fla. Stat. Petition to determine incapacity.”
— 744.3201(1) — 2 cases
Borden v. Guardianship of Borden-Moore, 818 So. 2d 604 (Fla. 5th DCA 2002). “Section 744.3201(1), Florida Statutes (2000) provides that any "adult person" may petition to determine the incapacity of any other person.”
Katke v. Bersche, 161 So. 3d 574 (Fla. 5th DCA 2014). “Nonetheless, the trial court allowed Kar-dos to proceed under the Second Petition, holding that under section 744.3201(1), Florida Statutes, Kardos has standing to file the petition because she is an “adult person.”
— 744.3201(2) — 3 cases
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).
Alter v. Guardianship of Stern, 660 So. 2d 1135 (Fla. 3d DCA 1995).
— 744.3201(2)(d) — 4 cases
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).
— 744.3201(2)(e) — 2 cases
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019).
— 744.3201(3) — 1 case
Faulkner v. Faulkner, 65 So. 3d 1167 (Fla. 1st DCA 2011). “Section 744.3201 sets forth the requirements for a petition to determine incapacity.”
— 744.3201(l)(g) — 1 case
Silveira v. Guardianship of Quiroga, 156 So. 3d 574 (Fla. 3d DCA 2015).
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