A Florida facility files this petition asking the circuit court to adjudicate a patient incompetent to consent to mental health treatment, medical treatment or both, and to appoint a guardian advocate to make those decisions. Part II is the supporting opinion of a psychiatrist or psychiatric nurse who examined the person and found mental illness so affects judgment that they cannot make a well-reasoned, willful and knowing decision.
The facility administrator completes Part I (the petition) and Part III (the proposed guardian advocate). A psychiatrist or psychiatric nurse authorized in Florida completes and signs Part II, listing supporting observations.
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Petition for Adjudication of Incompetence to Consent to Treatment and Appointment of a Guardian Advocate
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A psychiatrist or psychiatric nurse authorized to practice in Florida who personally examined the individual. They record the exam date, the observations supporting the opinion that the person lacks capacity to make treatment decisions, their license number, and the date and time of signing.
Yes. Completing Parts I and III asks the court to appoint a substitute guardian advocate when the current one cannot or will not perform the duties. Part I alone asks the court to expand a current guardian advocate's authority to include medical treatment.
The form tracks the date, time and initials of whoever provided copies to the individual, the representative, the current guardian advocate, the prospective guardian advocate and the person's attorney, checked as applicable.