Asked in Mental Health
What is mentally incapacitated?
If someone is incapacitated, it means that they are disabled or being held back in some way. Mentally incapacitated, therefore, means that someone can't think properly or there is something wrong with their way of thinking. This can be used as an informal term (for example, someone who is multitasking and stressed may say they are mentally incapacitated), to mean that someone is mentally ill or developmentally delayed, or as an insult to mean someone is unintelligent. ...
Asked in Power of Attorney
How do you get power of attorney for someone incompasitated?
If they are mentally incapacitated, you will have to apply to the probate court. If they are physically incapacitated, the paper work can be signed at anytime with the proper witnesses. ...
Asked in Mental Health, Popes
Is there any provision for emergency removal of the Pope from his Post can he be impeached if heaven forbid he went Mentally Ill or insane- or was incapacitated by an accident or incident?
Nothing like that exists in Canon Law for an incapacitated pope. The only provision that exists for dealing with an incapacitated pope is to have a designated cardinal oversee the Vatican's day-to-day operations. ...
Asked in Chemistry
If a person refuses for a second or subsequent time to submit to a chemical or physical test their driving privilege will be suspended for?
the person is mentally and physically incapacitated and disillusioned and should not drive ...
Asked in Estates
How can you get power attorney from incompetent father?
If you mean that he is incapacitated to the point where he is mentally incompetent to know what he is doing in signing a power of attorney, you cannot. If he cannot comprehend the nature of his actions, then he cannot lawfully execute a POA. IN order to get control over his affairs at that point, you will have to have him declared incapacitated or incompetent and be appointed his guardian. ...
Asked in Law & Legal Issues
Should your dad's live-in fiancee become his guardian now that he's incapacitated or is it a conflict of interest since he holds the mortgage?
It depends on the type of incapacitated. If he is capable of paying a mortgage, he is probably not in need of a guardian. If he is mentally incapacitated to the point that he needs a guardian, he is probably not going to be able to consent to a marriage, and therefore cannot have a fiancee. But no, the fact that he owes a mortgage to the bank does not present a conflict issue for his fiancee to be a guardian. ...
When banks give loans to a mentally ill person does that person have to pay the loans back to bailiffs?
The person who is mentally ill is incapacitated. Such a person cannot enter into a contract as they cannot distinguish between right and wrong. Therefore the bank cannot enter into a contract with such a person. ...
Asked in North Carolina
What does sexual battery mean in North Carolina?
§ 14‑27.5A. Sexual battery. (a) A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person: (1) By force and against the will of the other person; or (2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless. (b) Any person who commits the...
Asked in Custody
Can parents get their children back even if they signed over their rights?
No. When you surrender your parental rights it is forever (unless you can prove you were not competent to make the decision, i.e. you were under duress, you were mentally incapacitated, etc.). ...
Asked in Law & Legal Issues, Salary and Pay Rates
What is a public administrator?
A public administrator works to improve government services. They can help with the development of new policies. A public administrator can also be appointed a guardian for the mentally incapacitated person when there are no family members to do so. ...
Asked in History, Politics & Society
Did Alexander have any children?
Alexander Hamilton, if that's what the question is referring to, had eight children. His oldest, however, was killed in a duel three years before Hamilton himself would die in a duel, and his second oldest became mentally incapacitated after that. ...
Asked in Definitions
What is sexual battery in nc?
N.C. Gen. Stat. § 14-27.5A. Sexual battery (a) A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person: (1) By force and against the will of the other person; or (2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless. (b) Any person...
Can a beneficiary receive funds from an estate when the testator has been deemed mentally incompetent and their assets are being sold?
Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living. The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable...
Asked in Firearms, Criminal Law
Is having a gun found in your car by the police a violent crime?
By itself, no. However, if you are a prohibited person (felon, under a restraining order, mentally incapacitated, drug addict, etc.), it will be a crime. It will also be a crime if you are in the process of committing another crime, like fleeing police. ...
Is it really against the law in CA for a gay wife to cheat on her spouse?
No. The law does not prevent you from having sex with whomever you want, unless you or the other person is not of age or mentally incapacitated. Hugh Hefner is married and sleeping with three different women in the house next door to where his wife is. ...
Asked in Contract Law
Who cannot enter a marriage contract?
Examples: a minor someone who is mentally incapacitated someone who has been forced or coerced someone who is legally married (in the Western World) someone who is under the influence of mind altering drugs or alcohol parties who are too closely related by blood (consanguinity) ...
Is it possible to formally arrest a mentally ill or mentally retarded person?
Yes it is possible because, for example in my old school there's this retarded boy who get punished and blame for everything and he just don't get the concept of the way others feeling and the way they think. ...
Asked in Law & Legal Issues, Power of Attorney
How do you obtain a Power Of Attorney for mentally disabled parent in Arizona with very limited funds?
To make a valid power of attorney document, your mother would need the mental ability to fully understand what the document is and what it does -- and to consent to giving you power of attorney. If she's already mentally incapacitated, it's too late for her to agree to allow you to handle her affairs. But there is another way to get this authority. You can go to court and ask a judge to appoint you as your mother's conservator. ...