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(1) NOTICE OF PETITION TO DETERMINE INCAPACITY. --Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person.
768.28, F.S., ?Waiver of Sovereign Immunity in Tort Actions.? Claimants who allege they have sustained bodily injury, personal injury, property damage or death due to negligence of a state employee, agent or volunteer must adhere to the provisions of s.
In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.
(7) Fees.-- The state shall have a creditor's claim against the guardianship property for any amounts paid under this section. The state may file its claim within 90 days after the entry of an order awarding attorney ad litem fees.
(f) Making or filing a false report or record, which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so.
(1) A court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed pursuant to this chapter, may appoint an emergency temporary guardian for the person or property, or both, of an alleged incapacitated person.
A petition is filed. Any competent adult may file with the court a petition to determine another person's incapacity. Once the petition is filed, the court will then appoint an examining committee consisting of three members. The examining committee will conduct an evaluation and report back to the court.
Under Florida Statute 744.3201(a), any adult can petition the court to determine the incapacity of another individual. To begin incapacity proceedings, a Petition to Determine Incapacity must be filed in the probate court of the county the alleged incapacitated person (AIP) resides.