What it means
An adult may execute a petition to determine the incapacity of a person. The petition must be verified. It must state the petitioner's name, age, address, and relationship to the alleged incapacitated person; that person's name, age, county of residence, and address; and the primary language the person speaks, if known.
It must also state whether the person uses assistance to exercise his or her rights, including supported decisionmaking, and if so why the assistance is inappropriate or insufficient. It must allege that the petitioner believes the person is incapacitated, give the factual information behind that belief, and name those known to have personal knowledge of the facts. It must give the name and address of the attending or family physician, if known; state which rights listed in s. 744.3215 the person cannot exercise, to the best of the petitioner's knowledge; and list the known next of kin, with birth dates of any who are minors.
A copy of any petition for appointment of a guardian or emergency temporary guardian is filed with the petition to determine incapacity.
- An adult person may execute the petition, and it must be verified (§ 744.3201(1)-(2)).
- The petition states the petitioner's relationship to the alleged incapacitated person and that person's county of residence, address, and primary language, if known (§ 744.3201(2)(a)-(c)).
- It must state whether the person uses assistance, including supported decisionmaking, and why that assistance is inappropriate or insufficient (§ 744.3201(2)(d)).
- It must allege the factual basis for the belief of incapacity and name those with personal knowledge of those facts (§ 744.3201(2)(e)).
- It must state which rights in s. 744.3215 the person cannot exercise, to the best of the petitioner's knowledge (§ 744.3201(2)(g)).
- A copy of any petition for appointment of a guardian or emergency temporary guardian is filed with it (§ 744.3201(3)).
Text of the statute (2026)
(1) A petition to determine incapacity of a person may be executed by an adult person. (2) The petition must be verified and must: (a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person; (b) State the name, age, county of residence, and present address of the alleged incapacitated person; (c) Specify the primary language spoken by the alleged incapacitated person, if known;
(d) State whether the alleged incapacitated person uses assistance to exercise his or her rights, including, but not limited to, supported decisionmaking, and if so, why the assistance is inappropriate or insufficient to allow the person to independently exercise the person’s rights; (e) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations; (f) State the name and address of the alleged incapacitated person’s attending or family physician, if known; (g) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and (h) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors.
(3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to determine incapacity.
Excerpts are the subsections the summary relies on. Read the full official text of § 744.3201.
History. s. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102; s. 4, ch. 2024-242.
How it applies
The petition is the first filing in the procedure in s. 744.331, which then calls for notice to the alleged incapacitated person and appointment of an attorney and an examining committee.
Paragraph (2)(g) ties the petition to the rights listed in s. 744.3215, and paragraph (2)(d) requires the petitioner to address any assistance the person already uses. In some protective services cases, s. 415.1051 allows the Department of Children and Families to file a petition under this section.
Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 744.3201, Florida Senate (Subsections (1) to (3): who may petition, required contents, and the companion guardian petition. Quote: "A petition to determine incapacity of a person may be executed by an adult person")
- Online Sunshine, Florida Statutes (2026), s. 744.3201 (Text, catchline, and History line checked against this page on 2026-10-17.)
- Florida Statutes (2026), s. 744.3215, Florida Senate (Rights enumerated in the section that the petition must address.)
- Florida Statutes (2026), s. 415.1051, Florida Senate (Authorizes the Department of Children and Families to file a petition to determine incapacity under this section.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.