In Florida a person is deemed to have legal capacity if he is related to person, place or time. This means that the person can relate to his surorundings, knows the persons he is dealing with and what their professions or relationships to him may be, can recognize the place he is presently at and the time and date as well. In essence, he has ability, whether partially or fully, to care for himself. Capacity is usually initially determined by the administration of a mini-mental test that requires the person to recognize familiar objects, tell time, count numbers and related tests.
If a person is not related to person , place or time, he may then be determined to lack either partial or full capacity to legally make decisions to care for his person or property. In Florida, a person is deemed to have legal capacity, unless and until a Court rules that he lacks capacity. Just because a person is "eccentric" or "different" does not mean that they lack capacity. Persons with illnesses or recurring conditions, such as dementia or related conditions, may still have some ability to have capacity.
In Florida, if someone is legally incapacitated then a guardianship may have to be filed on their behalf. In a a guardianship, the Court appoints a guardian, who may be a friend or relative or a professional, to make decisions for the incapacitated person. There may be a partial or total incapacity. HOWEVER, if that person has a TRUST, HEALTH CARE SURROGATE OR DURABLE POWER OF ATTORNEY, or other qualified documents, there may be no need for a GUARDIANSHIP.
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