Petition To Determine Incapacity {5.901}

RULE 5.901. PETITION TO DETERMINE INCAPACITY. This is a probate court filing used in Florida Circuit Courts to request a judicial determination that an individual lacks capacity to exercise certain legal rights. Filed pursuant to Florida Probate Rule 5.550 and Chapter 744, Florida Statutes, this petition begins the incapacity phase of a guardianship proceeding. The form requires detailed information about the petitioner and respondent, the factual basis for alleging incapacity, individuals with relevant knowledge, and the specific rights sought to be removed under section 744.3215. It also asks whether guardianship is being sought and requires disclosure of any alternatives to guardianship, such as powers of attorney or advance directives. The petition must be signed under penalty of perjury and allows the court to evaluate whether a plenary or limited incapacity determination is appropriate. www.FormsWorkflow.com