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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.

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Q: Can a person with a mental disablility be protected from bankruptcy if they did not knowingly enter into a debt?
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