Law Offices of Frye & Vazquez, P.L.
Call Today. 305-508-5749 | 877-421-5473

Restoring a ward's rights through a suggestion of capacity

For residents of Miami, the thought of having their decision-making privileges taken from them may seem completely foreign. While few people may believe a legal guardianship will ever be a part of their futures, statistics seem to suggest that such cases are more common than many may believe. According to the Florida Office of the State Courts Administrator, 6,381 guardianship cases where filed in the state in the 2012-2013 fiscal year alone.

Those placed under guardianship may make having their personal authority reinstated their top priority. The steps for taking such action are outlined in the Florida State Statutes. When one believes that he or she is ready to have his or her guardianship removed, he or she must file a suggestion of capacity with the court. A notice of this filing will then be sent to the appointed guardian as well as any other interested parties in the case. Any of those parties then have 20 days to file an objection to the petition.

After having received a suggestion of capacity, the court will then appoint a physician to examine the ward to determine his or her capability of reassuming his or her decision-making rights. The court will then review the physician's findings and make its decision. If it finds that the preponderance of evidence supports the ward's suggestion of capacity, the court may choose to restore all or some of his or her rights. If only some are reinstated, the court will record in writing what rights the guardian retains.

If objections are made to the ward's suggestion of capacity, or his or her evaluation questions his or readiness to reassume his or her rights, a hearing will then be held for him or her to present his or her case. 

No Comments

Leave a comment
Comment Information

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
  • Massachusetts Bar Association
  • The Florida Bar 1950
  • CFP
  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
Email Us For a Response

Contact Us For Personal Attention To Your Legal Matter

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Get In Touch With Us
20900 W. Dixie Highway
Miami, FL 33180

Toll Free: 877-421-5473
Phone: 305-508-5749
Map & Directions