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Capacity Evaluation and the Appointment of a Guardian in the "Court of Last Resort"-Guardianship, Guardians
#2087 Capacity Evaluation and the Appointment of a Guardian in the "Court of Last Resort"


2 Contact Hours

Designed for advanced beginners and intermediate learners, this course provides a practical overview of the process, as well as insight into the controversial issues, related to the determination of incapacity and appointment of guardian under guardianship law.

This Introductory/Intermediate course includes key terms used in guardianship law, important information about the role of experts and their clinical assessments, and guides the development of a written guardianship plan.

Availability: 120 days from registration, unless other agreement applies


The Learner will gain an understanding of guardianship law and the process by which the Court appoints a legal guardian to act as a substitute decision-maker for an incapacitated person.


Upon completion of this course, the Learner will be able to:

  • Define the key terms associated with decisional incapacity under guardianship law
  • Describe the process by which an adult may be adjudicated incapacitated and appointed a guardian
  • Discuss controversial issues associated with the need for a guardian
  • Describe the role of experts and how their assessments are used in the judicial determination of incapacity and limited guardian appointments
  • Discuss the importance of a functional assessment in the evaluation of an Allegedly Incapacitated Person (AIP)
  • Identify relevant clinical assessments of the ward in preparing the Guardianship Plan (i.e., the written plan setting forth short and long-term goals for all aspects of the ward’s care following the judicial determination of incapacity and appointment of guardian)


  • Center for Guardianship Certification.
  • Florida Statewide Public Guardianship Office
  • Texas Guardianship Certification Board

Author and Instructor

Orit Simhoni, PhD, OTR/L, GCG, NCG

A native New Yorker, Dr. Simhoni earned her BS in Occupational Therapy (OT) from New York University in 1974.  After living and working in Israel, she moved to Florida.  While working in the field of rehabilitation, she received her MS in Adult Education and Certificate in Gerontology from Florida International University.

While working as an OT assistant professor and fieldwork coordinator at Nova Southeastern University (NSU) in the (1995-2002), and research assistant to the Assistant to the President (2002-2003), Dr. Simhoni completed her studies in the NSU Conflict Analysis and Resolution doctoral program.  After completing her dissertation, “The Welfare of Elderly Florida Wards in ‘Nightmare Cases’: A Qualitative Inquiry,” she relocated to teach at Shenandoah University in Winchester, Virginia (2004-2006) and Howard University in Washington, D.C.

Currently in Silver Spring, Maryland, Dr. Simhoni is the Educational Specialist, Guardianship Division, for Dynamic Learning Online, Inc. and a consultant for Living Solutions, Inc.  She provides direct occupational therapy services to adult and geriatric patients in multiple settings, and is teaching part-time in the Towson University Occupational Therapy Program.  In September 2008, Dr. Simhoni was appointed to serve as a non-lawyer Guardian on the Washington, D.C. Probate Fiduciary Panel and continues to research guardianship practice issues.

Over the years, Dr. Simhoni has been recognized for her professional contributions in the field of occupational therapy and has published and presented her work in occupational therapy, fieldwork, and guardianship issues.  She also holds two U.S. patents.

Teaching MethodS

Teaching Methods include: This course consists of two (2) lessons, learning activities, and a final exam. The learner may expect to complete the lesson in two hours. This time period should allow the learner time to explore hyperlinks and conduct learning activities, as required. A Final Exam is required with multiple attempts allowed to obtain a minimum passing grade of 80%. Learner must also participate a minimum of 80% of the CE awarded hours in the course material to be eligible to print the certificate of completion.