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When the land owner is incompetent should someone else be in charge of his or her financial affairs?

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βˆ™ 2006-08-17 18:42:24

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Perhaps. However, it is not up to an individual to decide when someone is legally incompetent that is a matter for the court (usually probate). If the person in question is not able or does not wish to confer power of attorney to another individual then the only option is for the concerned individual(s) to apply for adult guardianship. In all US states the person for whom guardianship is being sought must have a Guardian Ad Litem appointed. Usually the person seeking guardianship is responsible for their legal costs, the GAL is paid by the estate of the person unless their financial status detemines otherwise. In the US the person alledged to be incompetent has the right to contest the action and the court has the power to order a competency hearing. The procedure for obtaining guardianship of an adult can be complicated, lengthy and expensive and the matter should be discussed in depth with a qualified attorney.

2006-08-17 18:42:24
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