We routinely handle cases requiring determinations of capacity pursuant to Florida Statute § 744.3201. Basically, before a guardian is appointed, a court (the judge) decides whether a guardian is needed in the first place. These “capacity” or “competency” proceedings basically consist of a panel of three experts evaluating the “Alleged Incapacitated Person” to decide if he or she is unable to make decisions on their own. The ultimate purpose of the evaluations is to help the judge decide whether the AIP’s legal rights should be removed and then delegated to a court-appointed guardian. These experts write “examining committee member reports” which are reviewed by the attorneys involved in the case, as well as by the judge. Other evidence, including medical records and witness testimony, is also presented for the judge’s consideration. The capacity determination is the first step toward the appointment of a guardian and is required for all adult guardianships (except a voluntary guardianship under Florida Statute §744.341).