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Can a legal guardian of an incompetent person have the will changed?
Wiki User
∙ 13y ago
Not unless there was some type of fraud or duress involved and the matter would need to be addressed by the court.
Wiki User
∙ 13y ago
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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 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.
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.
Can a 16-year-old move out of their parents' home without permission provided they are moving in with a legal guardian?
Who has legal custody of you? Your parents or this other person that you refer to as a 'legal guardian'? More detail is needed in order to answer this question. A legal guardian or guardian ad litum is someone who has been designated by the court to oversee the welfare of a minor or in some cases an adult who has been deemed legally incompetent. If you have a guardian who has been appointed by the court you may leave the parental home and reside with that person w/o permission of anyone else. Once the court has granted guardianship that person has legal power to oversee anything that relates to the minor including where the live.
How easy is it to become a legal guardian of someone over the age of 18?
Not very easy at all. An individual over 18 is considered to be an adult under the law and responsible for their own actions - in other words - not in need of a guardian. UNLESS they have been adjudged to be legally incompetent to carry on their own affairs. You would need medical/psychiatric/psychological testimony as to the medical/mental condition of the person, accompanied by the testimony of doctors and/or social workers to try and establish this fact before the court. Only then, could you be considered as a candidate for legal guardian, and then, ONLY AFTER you qualify as a 'fit' person to carry out the affairs of the incompetent person.
How would you go about getting emancipated or a legal guardian change in Wisconsin if both parents can be proved incompetent?
Wisconsin does not have an emancipation statute at this time.
Can an agent named in a power of attorney create a will for an incompetent person where one doesn't exist?
Absolutely not. An attorney-in-fact cannot draft a will. In fact, how would an incompetent person execute a valid Power of Attorney and appoint an attorney-in-fact in the first place. Incompetents can't sign a legal document. When a person is not legally competent to make a last will and testament their property will pass according to the state laws of intestacy. In order to have the legal authority to handle their affairs a person must seek appointment by the court as their legal guardian.
Must you notarize the POA of an incompetent person?
It is not recommended to notarize a power of attorney (POA) for an incompetent person as they may not have the legal capacity to understand the document or its implications. In such cases, it is advisable to seek legal advice on how to proceed with matters related to an incompetent individual.
What if a person is under psychiatric care when you sign a legal document?
The signer's legal capacity may be questioned by being under psychiatric care does not necessarily mean a person is legally incompetent. It depends on the situation and circumstances. If that person is under a legal guardianship they cannot sign a legal document.The signer's legal capacity may be questioned by being under psychiatric care does not necessarily mean a person is legally incompetent. It depends on the situation and circumstances. If that person is under a legal guardianship they cannot sign a legal document.The signer's legal capacity may be questioned by being under psychiatric care does not necessarily mean a person is legally incompetent. It depends on the situation and circumstances. If that person is under a legal guardianship they cannot sign a legal document.The signer's legal capacity may be questioned by being under psychiatric care does not necessarily mean a person is legally incompetent. It depends on the situation and circumstances. If that person is under a legal guardianship they cannot sign a legal document.
How can you get my grandma to be your legal guardian?
To become a person's legal guardian, one must get the current parents or guardian to sign over custody. This can be done fairly quickly at any courthouse.
Can an incompetent person get married?
It depends on whether the "incompetent" individual has been ruled TOTALLY incompetent to handle their own affairs, or not. If the POA was awarded for only limited, stated purposes, no, the POA cannot object or halt it.
Can a person charged with a crime have to sign legal court documents when said accused has a legal guardian?
The guardian should be present and sign the documents.
