One of the first and most important parts of the guardianship process is the determination of incapacity. In order for a guardian to be appointed, the court must first determine that a guardian is necessary.  The guardianship process starts with the petitioner filing a petition to determine incapacity. The petition alleges in part certain facts which demonstrate the Petitioner’s believe that the person is incapacitated.  Following the filing of the Petition to Determine Incapacity, the Court will appoint a 3 member panel who is collectively is referred to as the “examining committee”.  The Florida Statutes have criteria for the qualifications of the members of the examining committee. The law requires that one member must be a psychiatrist or other physician. The remaining members must be of a specified group which includes physicians, registered nurses, nurse practicioners, licensed clinical social workers. Furthermore the law requires that one of the three committee members must have knowledge of the type of incapacity alleged in the petition. For example, if the allegations is that the person suffers from dementia, then one of the committee members must be a psychologist or gerontologist or similar medical profession who specializes in dementia. After the court appoints the committee, each member will conduct an examination and interview of the alleged incapacitated person. The committee members will often contact the person’s primary care physician as well as other medical professionals and persons who have knowledge of the person’s condition. The examination will often take place in the home where the person resides. Following the examinations, each committee member will prepare a written report which details their examination and findings. The committee members will each render an opinion as to whether a guardianship is necessary. If it is determined that a guardianship is necessary, then the report will indicate whether it is a full or limited guardianship. The report will also specify what rights the person may be able to retain. The reports are presented into evidence during the hearing before the Court and it is these reports which will form the basis of the Court’s ruling as to whether a guardian will be appointed.