Cook-v-Cook-Fla-App-2018

Summary

In Cook v. Cook, the Florida Fourth District Court of Appeal held that Florida Statutes § 744.331(3)(f) mandates a comprehensive examination—including a physical exam, mental health exam, and functional assessment—before an examining committee may advise the court on incapacity, and a trial court reversibly errs in imposing a plenary guardianship absent such an examination. The court further held that a prospective ward does not waive the right to challenge the adequacy of the examination by failing to object to committee reports that falsely represent a comprehensive exam was performed, when the deficiency is only revealed through live testimony. The decision underscores the strict construction of guardianship statutes to safeguard the due process rights of alleged incapacitated persons.

Holdings

1. Section 744.331(3)(f) mandates that the examination of the alleged incapacitated person include a comprehensive examination, which is composed of, if indicated, a physical examination, a mental health examination, and a functional assessment; a trial court reversibly errs in finding incapacity when the members of the examining committee reach their capacity determinations and advise the court without the benefit of a comprehensive examination, particularly where no physical examination was performed and the mental health examination was inadequate.
2. A prospective ward does not waive the right to challenge the adequacy of the examining committee's examinations by failing to object to the reports when the reports falsely represent that a comprehensive examination was performed and the true deficiency is only revealed through live testimony at the hearing.

Questions Presented

1. Whether the trial court erred in finding the prospective ward incapacitated and imposing a plenary guardianship when the examining committee failed to conduct the comprehensive examination, including a physical examination and a thorough mental health examination, as required by section 744.331(3)(f), Florida Statutes.
2. Whether the prospective ward waived his objection to the examining committee's reports by failing to object to their admission into evidence, when the reports falsely stated that a comprehensive examination had been performed.

Disposition

reversed_and_remanded