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Florida court upholds rights of an alleged incapacitated person to council

Florida court upholds rights of an alleged incapacitated person to council…even in emergency guardianship proceedings.

Under the Florida Guardianship Law, any person who is alleged to be incapacitated is entitled to be represented by counsel in proceedings to determine capacity and to determine whether a guardian should be appointed over his or her person or property. 

In a case decided in August, concerning when a court must appoint counsel if the court determines a guardian needs to be appointed on an emergency basis, the court held that counsel must be appointed at the same time the emergency temporary guardian is appointed.

To review the case, click here.

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