In a guardianship proceeding, the ward always retains the right to review the need for a guardianship and the right to be restored to capacity. The procedure to legally restore a ward to capacity begins with filing a suggestion of capacity in the guardianship proceeding. Thereafter, the Court must immediately appoint a physician to examine the ward and to file a report with the Court. The suggestion of capacity may be contested by any person interested in the guardianship. Objections to the restoration of capacity must be filed within 20 days after receiving notice of the filing of suggestion of capacity.
Any litigation related to the ward’s restoration of capacity is governed by the Florida Rules of Civil Procedure, and the rules of evidence in civil actions. Pursuant to Section 744.1095 of the Florida Statutes, at a hearing on the restoration of capacity the ward has the right to remain silent and refuse to testify; to testify; to present evidence; to call witnesses; to confront and cross-examine witnesses; and to have the hearing open or closed.
If the Court is satisfied with the examination of the ward, and if no timely objections to the suggestion of capacity are filed, the court must enter an order restoring capacity of the ward within 30 days. The Court may also restore some rights, but rule that certain rights be retained by the Guardian.
