0
Add your answer:
Earn +20 pts
Can an incompetent person get married?
If they have been declared LEGALLY incompetent by the court and have been assigned a Guardian to oversee their affairs, they cuold only be married with the permission of the Guardian.
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 Texas?
To declare someone mentally incompetent in Texas, you must go to court with a professional's declaration that the person is incompetent. The court may decide to appoint you or someone else as the person's guardian.
Can you have someone sign a power of attorney if they are incompetent?
No. A person must have legal capacity in order to execute a Power of Attorney. If the person is incompetent you must petition the court to be appointed their 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.
Can an incompentent revoke power of attorney?
No, a legally incompetent person can no longer act for themselves. A General Power of Attorney expires when the principal becomes incompetent. A Durable Power Of Attorneyremains effective even after the principal becomes incompetent. In that case, the Durable POA would be extinguished if someone petitioned the court and was appointed the conservator or guardian of the principal.
