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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.

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14y ago

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Related Questions

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 trust be changed by an incompetent trust maker?

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.


Can i be declared incompetent if i am temporarily traumatized by my husband's sudden death?

It's possible, but you would have to be declared incompetent by a judge with supporting documentation from a physician (usually two).


What happens when a man and Wife in Alberta Canada are declared mentally incompetent to handle their financial affairs?

The court appoints someone as the trustee of their finances.


How can you find out if a parent was secretly declared incompetent in Florida by current spouse?

A person can only be declared legally incompetent by court ruling. There would be a record of this action on file at the courthouse.


How do you have your sister declared incompetent when she is addicted to drugs and you think she is medically and mentally Ill?

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.


What do you have to do to get someone declared incompetent?

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.


If your pregnant girlfriend is declared mentaly incompetent will you get custody of the baby?

Most likely.


You want a divorce and now your wife wants you declared mentally incompetent?

You can STILL get divorced.


When the defendant is incapable of understanding the nature of charges and proceedings he will be declared?

Incompetent to stand trial.


What can an agent do if someone tricks an elderly person into changing their power of attorney to name a different agent?

Nothing unless person is declared to be mentally incompetent at the time the power of attorney was made


How do you declare someone mentally incompetent in ri?

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.

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