The Florida Senate

744.464  Restoration to capacity.--

(1)  VENUE.--A suggestion of capacity must be filed with the court in which the guardianship is pending.

(2)  SUGGESTION OF CAPACITY.--

(a)  Any interested person, including the ward, may file a suggestion of capacity. The suggestion of capacity must state that the ward is currently capable of exercising some or all of the rights which were removed.

(b)  Upon the filing of the suggestion of capacity, the court shall immediately appoint a physician to examine the ward. The physician must examine the ward and file his or her report with the court within 20 days after the appointment.

(c)  The court shall immediately send notice of the filing of the suggestion of capacity to the ward, the guardian, the attorney for the ward, if any, the state attorney, and any other interested persons designated by the court. Formal notice must be served on the guardian. Informal notice may be served on other persons. Notice need not be served on the person who filed the suggestion of capacity.

(d)  Any objections to the suggestion of capacity must be filed within 20 days after service of the notice.

(e)  If an objection is timely filed, or if the medical examination suggests that restoration is not appropriate, the court shall set the matter for hearing. If the ward does not have an attorney, the court shall appoint one to represent the ward.

(f)  Notice of the hearing and copies of the objections and medical examination reports shall be served upon the ward, the ward's attorney, the guardian, the state attorney, the ward's next of kin, and any other interested persons as directed by the court.

(3)  ORDER OF RESTORATION.--

(a)  If no objections are filed, and the court is satisfied with the medical examination, the court shall enter an order of restoration of capacity, restoring all or some of the rights which were removed from the ward. The order must be issued within 30 days after the medical report is filed.

(b)  At the conclusion of a hearing, conducted pursuant to s. 744.1095, the court shall enter an order either denying the suggestion of capacity or restoring all or some of the rights which were removed from the ward.

(c)  If only some rights are restored to the ward, the order must state which rights are restored, and the guardian shall prepare a new guardianship report which addresses only the remaining rights retained by the guardian. The guardian must file a copy of the new report with the court within 60 days after the entry of the order.

(4)  TIME LIMITATION FOR FILING SUGGESTION OF CAPACITY.--Notwithstanding this section, a suggestion of capacity may not be filed within 90 days after an adjudication of incapacity or denial of restoration, unless good cause is shown.

History.--ss. 10, 26, ch. 75-222; s. 1, ch. 77-174; s. 81, ch. 89-96; s. 57, ch. 90-271; s. 1104, ch. 97-102.