If a petition for incapacity is filed, the court will appoint an attorney to represent the interests of the alleged incapacitated person. The court will also appoint an examining committee, which assists in determining the alleged incapacitated person's ability to exercise certain statutory rights. A guardianship case must also be filed, as incapacity and guardianship go hand in hand.
The venue (location) for a determination of incapacity is the county where the person resides or is found.
The Clerk's Mental Health Division maintains court records when a person is involuntarily committed for treatment of a mental illness. The law governing mental illnesses is commonly referred to as The Baker Act.
The Clerk's Mental Health Division maintains court records when a person is involuntarily committed for the treatment of substance abuse. The legal process that allows family and friends to petition the court to obtain an assessment and treatment for a substance abuser is commonly referred to as The Marchman Act.