“ Understanding Florida ’ s Choice: ‘ Incapacitated ’ vs. ‘ Incompetent ’” continued
Presumption of Capacity
Presumption of Capacity: Florida's preference for establishing incapacity rather than incompetence aligns with a legal principle known as the "presumption of capacity." This principle recognizes that individuals should be presumed capable of making decisions and exercising their rights unless proven otherwise. By adopting the term "incapacitated," Florida reinforces the importance of uphold- ing this presumption and ensures that individuals' rights and autonomy are protected to the greatest extent possible. In conclusion, Florida's choice to establish an individual as "incapacitated" instead of "incompetent" reflects a commitment to respecting individuality, focusing on functional abili- ties, and upholding the presumption of capacity. By recognizing that capacity can vary in dif- ferent areas of life and tailoring support accordingly, Florida's guardianship system strives to strike a balance between safeguarding individuals' rights and providing necessary assistance. This approach ensures that guardianship proceedings are conducted in a manner that respects the dignity and autonomy of those involved.
Pamela Sue Kemper, a Professional Guardian based in Florida, is dedicated to making a difference in the lives of vulnerable individuals. With a rich professional background in psy- chology, real estate brokerage sales, authorship, licensing education, and business leader- ship, she brings a unique set of skills and perspectives to her guardianship career. Pamela is a strong advocate for integrity and is passionate about upholding the rights and well - being of those under her care. If you are interested in delving deeper into her publications on the topic of guardianship or learning more about Pamela and her guardianship services, please visit her website at www.PSGuardianship.com — You can also reach out to her directly at 941 - 290 - 4859 or PSGuardianship@gmail.com.
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