You will need the assistance of a lawyer. She should be able to fill you in on the details.
Obviously that is a poor answer. I am a lawyer and can tell you that, generally speaking, you will need the assistance of a lawyer to actually have the relative declared imcompetent. That said, this doesn't mean that people shouldn't be given the answer or the criteria, to simply say "get a lawyer" is not helpful and furthers the notion that the law is unknowable or too erudite for common folk. If you have the answer, give it. If you don't, don't.
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.
No. However, the trustor must be declared incompetent by a court.No. However, the trustor must be declared incompetent by a court.No. However, the trustor must be declared incompetent by a court.No. However, the trustor must be declared incompetent by a court.
It's possible, but you would have to be declared incompetent by a judge with supporting documentation from a physician (usually two).
The court appoints someone as the trustee of their finances.
A person can only be declared legally incompetent by court ruling. There would be a record of this action on file at the courthouse.
It is hard to get another person declared incompetent. Drug addiction is a personal choice, and so long as she is not trying to commit suicide, doctors will not consider that a sign of incompetence. If she is mentally ill to the point where she is demented, then you could have her declared incompetent.
Most likely.
Get them to do something really stupid in front of lots of people and they will be deemed incompetent Really dude, this is a very serious matter. Not a matter of stupid but every day survival from predators that look for these type people so that they can take their money and possessions.
You can STILL get divorced.
Incompetent to stand trial.
Nothing unless person is declared to be mentally incompetent at the time the power of attorney was made
In Rhode Island, to declare someone mentally incompetent, a petition must be filed in probate court. This typically involves a thorough evaluation by a qualified mental health professional, who assesses the individual's mental capacity and ability to make decisions. A hearing is then held where evidence is presented, and the court determines whether the person is incapable of managing their affairs. If declared incompetent, a guardian may be appointed to make decisions on their behalf.