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The court can appoint a legal representative and said person can also request representation. In short the presiding judge will ask the person, if they refuse the case can continue.

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16y ago

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Do you have to give a deposition for probate?

It depends on the situation. There may be depositions regarding the desires of a testator, their mental state and the signatories of a will. It may also be required for a mental competency hearing.


Who would request a competency hearing and would the person being summoned to a competency hearing require a lawyer?

In general competency hearings are held by the probate court to determine if a person is able to conduct normal activities including financial affairs on their own. Sometimes a relative, doctor, or social worker will initiate the action. Mental Health statutes require the person have qualified legal representation. If the person does not have assets to obtain private counsel, the court will appoint an ad litem. The family of the incompetent person is not required to take on any legal expenses for this procedure. Competency proceedings are governed by state statutes.


Can someone with a general power of attorney speak on behalf of person called to a competency hearing?

Yes. Mental health laws and state statutes provide that any concerned party may give testimony at a competentcy hearing.


Who can declare someone non compos mentis?

Petition the court for a mental competency hearing. You must be prepared to present medical/pshychiatric testimony to support your contention that the individual in question is incompetent.


How is mental competency determined?

Mental competency is typically determined by a mental health professional, such as a psychologist or psychiatrist, through evaluations and assessments that examine a person's cognitive functioning, understanding of their circumstances, and ability to make informed decisions. The evaluation may include interviews, psychological testing, and observations to assess the individual's mental capacity and ability to participate in legal proceedings or make important decisions. Ultimately, a determination of mental competency is made based on the professional's assessment of the person's mental abilities and functioning.


What terms describes a physical or mental representation of an object or event?

A mental representation of an object or event is often referred to as a "mental image" or "mental model", whereas a physical representation can be called a "depiction" or "representation".


A mental representation of one's physical environment is called?

A mental representation of one's physical environment is called a cognitive map. It refers to the internal psychological representation of spatial relationships and layout of one's surroundings.


Your daughter has various mental problems an she is an adult but is destitude what legal rights do you have to protect her?

I suggest petitioning the court for a "Competency Hearing.' You will have to be prepared with medical and/or psychological testimony to convince the court that she needs to have a 'guardian' or a 'conservator' named to protect and look after her interests.


What has the author Patricia A Zapf written?

Patricia A. Zapf has written: 'Evaluation of competence to stand trial' -- subject(s): Competency to stand trial, Forensic psychiatry, Mental Competency, Methods


What is a physical mental representation of an object or an event?

a model


Can 2 felonies be expunged in NJ?

yes if the defendant has a mental ilness history


What is the most common type of assessment conducted by forensic pyschologists for the criminal courts?

The most common type of assessment conducted by forensic psychologists for the criminal courts is a competency evaluation, where the psychologist evaluates if a defendant is competent to stand trial. This assessment examines the individual's mental state and ability to understand the legal proceedings and assist in their defense.

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