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It is POSSIBLE, but highly unlikely. Adult persons who have been judged legally 'incompetent' to handle their own affairs, must have someone named as either their Guardian or their Conservator.
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What is the legal age of adulthood for a retarded person in West Virginia?
Like everyone else, it is 18. However, if the individual has been judged to be mentally incompetent, they will have a guardian appointed for them that has the ability to direct their lives.
When can a Guardian be entitled to act on behalf of another person?
Usually, a guardian is appointed when the person is a minor or the adult is incompetent, unable to mentally handle their affairs.
Who steps in to pay the bills if a person is found incompetent?
The court must appoint a guardian.
How do you declare someone mentally incompetent in the state of Illinois?
A person in Illinois has to be declared incompetent through the court system. Bring pictures, dated notes and video, along with medical records and police reports, to present to the court when the incompetence proceedings begin. If the adult is found incompetent, a guardian will be appointed. The guardian has the power to make legal decisions for the person.
Can a legal guardian of an incompetent person have the will changed?
Not unless there was some type of fraud or duress involved and the matter would need to be addressed by the court.
Can a person with a mental disablility be protected from bankruptcy if they did not knowingly enter into a debt?
The issue is very subjective in the regards of proving the person in question was legally incompetent at the time of the transaction. A person found to be incompetent by the court will have a guardian ad litem appointed if there is no one to accept adult guardianship. Any following procedures concerning the person will be carried out by that legal guardian. That person will have the power to file a BK or whatever actions become needed, with the consent of the court.
Can an attorney-in-fact under a power of attorney name a successor on behalf of an incompetent principal?
No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.
Louisiana your husband had a stroke and his kids are trying to get power of attorney?
If the husband has become mentally incompetent as a result of the stroke, he would not be considered mentally competent to grant a power of attorney to anyone. A power of attorney that is granted during the time of one's incompetency would generally not be considered valid. If a person is mentally incompetent, an interested person could generally petition a probate court (in the county in which the mentally incompetent person resides) to have a guardian of the person and the property appointed.
What happens to an adult declared mentally incompetent Where do they go What happens to their property?
When a person is declared mentally incompetent the court will appoint a guardian and that guardian has control over the ward and the ward's property. The guardian can make decisions about placement. The guardian is under the jurisdiction of the court and must act in the bet interest of the ward. If the real estate must be sold they must request a license to sell real estate from the court and then use the proceeds for the support of the ward. They will be required to provide annual accountings to the court .When a person is declared mentally incompetent the court will appoint a guardian and that guardian has control over the ward and the ward's property. The guardian can make decisions about placement. The guardian is under the jurisdiction of the court and must act in the bet interest of the ward. If the real estate must be sold they must request a license to sell real estate from the court and then use the proceeds for the support of the ward. They will be required to provide annual accountings to the court .When a person is declared mentally incompetent the court will appoint a guardian and that guardian has control over the ward and the ward's property. The guardian can make decisions about placement. The guardian is under the jurisdiction of the court and must act in the bet interest of the ward. If the real estate must be sold they must request a license to sell real estate from the court and then use the proceeds for the support of the ward. They will be required to provide annual accountings to the court .When a person is declared mentally incompetent the court will appoint a guardian and that guardian has control over the ward and the ward's property. The guardian can make decisions about placement. The guardian is under the jurisdiction of the court and must act in the bet interest of the ward. If the real estate must be sold they must request a license to sell real estate from the court and then use the proceeds for the support of the ward. They will be required to provide annual accountings to the court .
Can a conservator change a will?
A conservator or guardian appointed for person who is legally incapacitated ot incompetent may not change that person's will. State laws govern the extent to which a fiduciary's authority extends but no state permits one person to make a will for another.
What are the incompetency laws in Indiana?
According to a South Bend attorney, it takes more than a doctor and social worker to have a person declared incompetent. The elderly (presumably) person must be served with legal papers, taken into court, and judged incompetent by the court. An expensive and humiliating process. Your best bet, as with anything like this, is to consult a lawyer in the jurisdiction.
Is a cosigner still responsible for the car loan if they are declared incompetent?
The laws which define incompetency vary greatly from state-to-state. However, the competency issue would only be applicable if the person was proved to have been incapable of understanding the agreement when it was initially made. If the person was judged incompetent after the agreement, the contract in most cases will be deemed legally binding.
