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  5. Page 19

Will the person know that I did this?

Yes. The Sheriff’s Office serves the person with a copy of the petition and the order entered by the Judge. The mental health receiving facility is also given copies and they become a part of the person’s records at that facility. If the patient requests to see his or her records, the facility must allow …

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What does the order provide?

The order grants the authority for the Sheriff’s Office to take the person to a facility for an examination.

Will I be able to talk to the judge when filing a Baker Act?

Usually, the judge makes a decision based upon the contents of the petition only. If the judge finds that there is sufficient cause, he or she will enter an order directing the Lake County Sheriff’s Office to transport the person to the appropriate facility.

How do you Baker Act someone?

A Baker Act petition may be filed alleging the person needing involuntary examination has refused voluntary examination or is unable to determine whether an examination is necessary and the person will suffer from neglect, will harm himself or herself or others. The Clerk’s Office staff will immediately present any Baker Act petition to a judge …

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How can I learn more about guardianship audits?

In addition to the duty to serve as the custodian of the guardianship files, the Clerk reviews each initial and annual guardianship report. Guardianship audits are conducted by the Clerk’s Inspector General Department. Learn more about guardianship audits.

What are the responsibilities of a guardian?

This depends upon the type of guardianship that has been established and the nature of the ward’s incapacity or needs. Each guardianship is tailored by the Court in relation to the needs of the ward. A guardian can be appointed to watch over the ward, the ward’s property, or both.

What are the qualifications to serve as a guardian?

Any resident of this state who is legally competent to manage one’s own affairs (Sui Juris), and is 18 years of age or older may be qualified to act as guardian of a ward. Further requirements can be found in Section 744.309, Florida Statutes.

Are guardianships established for the elderly only?

No. Guardianships may be established for persons regardless of age. The purpose of guardianship is to protect persons who do not have the capacity to protect themselves. Guardianships are also established for minors in several situations. For example, if a minor has received a settlement greater than $15,000, a guardian of his or her property …

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