Incapacity Hearing

Guardianships and Guardianship Litigation in St. Petersburg, Clearwater, Tampa, Sarasota, Pinellas County and surrounding West Florida areas.

Upon the appointment of an examining committee, the Court will set a date upon which the formal guardianship petition can be heard. The adjudicatory hearing must be set no more than 14 days after the filing of the examining committee reports unless good cause is shown. The alleged incapacitated person must attend the hearing, unless their presence is waived by counsel or other good cause is shown. This hearing is an evidentiary hearing, allowing the petitioner, the proposed Ward, and any other interested person to present evidence regarding the alleged incapacity. The partial or total (plenary) incapacity of the proposed Ward must be established by clear and convincing evidence. If the Court determines the proposed Ward to be partly or wholly incapacitated, the hearing then shifts to determining the appointment of the guardian. The appointment hearing can occur either the same day or subsequent to the incapacity hearing. The appointment hearing is utilized to determine whether appointment of a guardian is appropriate, and if so, who should be appointed.

If you are considering filing a guardianship, or are otherwise involved in pending guardianship litigation, please contact our office, as our attorneys routinely handle guardianships, contested guardianships and guardianship litigation in the courts of St. Petersburg, Clearwater, Tampa, Sarasota, Pinellas County and the surrounding West Florida areas.


Greene & Greene, Attorneys at Law, is your destination for Family Law, Collaborative Divorce, Probate (Estate) and Trust Litigation, Probate Administration, Estate Planning, Guardianship Litigation and Guardianship Administration, and serves clients in and around St. Petersburg, Clearwater, Tampa, Largo, Seminole, Pinellas Park, Palm Harbor, Bradenton, Sarasota, St. Pete Beach, Indian Rocks Beach, Hillsborough and Pinellas County.