A petition is made to the court by a petitioner against a respondent, versus a complaint, which is filed by a plaintiff against a defendant. A petition asks the court to provide a court order, while a complaint is filed to seek damages or to get the defendant to start or stop doing something.
Adult guardianship is a legal procedure in which a court determines that a person is incapable of making decisions because of severe disabilities, and that the person is in need of protection. The person may be too mentally confused or forgetful to make decisions about medical treatment or to obtain appropriate food and shelter.
As a special kind of asset, it passes automatically to the heir(s) under Florida law; however, the heirs may not have clear title. Without clear title, these heirs are unable to sell the home. Therefore, title companies will require an Order Determining Homestead prior to issuing a title policy.