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Any adult person may petition to determine the incapacity of any other person. F.S. 744.3201.
The notice of filing the petition to determine incapacity shall state: (A) the time and place of the hearing to inquire into the capacity of the alleged incapacitated person; (B) that an attorney has been appointed to represent such person; and (C) that if the court determines that such person is incapable of ...
In Florida, legal incapacity of an adult is determined by a judge. Relatives, professional guardians or any other interested person can request a court to determine whether or not an individual should be legally considered incapacitated .
The required note should not seek a diagnosis/medical condition; rather, the note should verify that the employee was seen by the health care provider and stipulate any period of incapacity or job-related restrictions. Requesting more information could run afoul of the Americans with Disabilities Act (ADA).
The Florida Statutes define an ?incapacitated person? as a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person.