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Susan Craig, Manager
(561) 355-2310
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Adult Protective Services Act
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Petition to Determine Incapacities
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Note: Mental Health Division has only one Filing Fee, $87.50 for the Petition for Incapacity.

Petition to Determine Incapacity - Florida Statute 744.3201 A Petition to Determine Incapacity may be filed when it is necessary that the Court determine whether an adult person lacks the capacity to manage at least some of the his/her property or to meet at least some of the essential health and safety requirements to care for his/her person.

A Petition to Determine Incapacity may be executed by an adult person. Once filed a Notice of Hearing is issued, an examining committee is appointed and an attorney is appointed to represent the alleged Incapacitated Person. The Examining Committee must be composed of a Psychiatrist, a Psychologist or Gerontologist and a Layperson. The Examining Committee files a written report . The hearing is usually set within 34 days of the filing of the petition. The form petitions are available Monday thru Friday at the following locations:

Mental Health Office
Room 4.2200 Main County Courthouse
205 North Dixie Highway
West Palm Beach, Fl. 33401
Tel. (561) 355-1685

Mental Health Office
1st floor, South County Courthouse
200 West Atlantic Avenue
Delray Beach, Fl. 33444
Tel. (561) 274-1589

West County Courthouse
38844 State Road 80
Belle Glade, Fl. 33430

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