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Is it legal to take a parent to a nursing home when they haven't been found incompetent by a court?
Only if the elderly agrees to it. Otherwise it is a form of abuse and/or kidnapping as it is against their will and not required by law. Most likely without consent or a court order, the nursing home will NOT take them on as a patient because it tends to be a legal liability.
What else can I help you with?
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 can a parent stop a 18 year old from leaving court could they try and charge them with being incompetent?
The 18 year old is an adult and can leave, but if it is a court session the court will charge them and may arrest them.
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 an incompentent revoke power of attorney?
No, a legally incompetent person can no longer act for themselves. A General Power of Attorney expires when the principal becomes incompetent. A Durable Power Of Attorneyremains effective even after the principal becomes incompetent. In that case, the Durable POA would be extinguished if someone petitioned the court and was appointed the conservator or guardian of the principal.
Can I have legal rights to a baby without going to court?
If you are the natural parent you have legal rights. Those rights are presumed and someone will have to go to court to take those rights away. if you no longer have a relationship with the other parent, or have a very bad relationship with the other parent, and they are the primary caretaker, then the other parent can go to court, perhaps gain sole custody of the child, and your rights will be greatly limited.If you are not the natural parent, it is very difficult to gain legal guardianship over the child without the parent's consent, unless the parent is shown to be incompetent. If the parent is found incompetent, there is no guarantee the court would not find the state foster care system a better option for the child. In any event, you would have to go to court to have any guardianship/adopted parental rights recognized.
Can a person be incompetent in a competency court hearing?
Yes, a person can be found incompetent in a competency court hearing. The hearing may be continued until psychological and intelligence testing is done on the person.
How do you transfer an existing Durable Power of Attorney from an incompetent parent to child?
Powers of attorney are non-transferable. The principal must have the legal capacity to execute a new one. If not, a guardian must be appointed by a court.
Can a person be found incompetent in a competency court hearing?
Yes, a person can be found incompetent in a competency court hearing. The hearing may be continued until psychological and intelligence testing is done on the person.
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.
Does being Incompetent affect contracts being signed IE Real Estate?
Yes. But the person would have to be deemed incompetent by a doctor's examination and court decree.
When surviving parent is declared incompetent and there is no will left by deceased parent does it go to state or to children?
The legal phrase for this situation is dying "intestate," and the laws of that particular state will have to be followed. Whether the surviving spouse is "incompetent" or not, is probably immaterial. If they were still legally married, or this is a 'community property' state, or they owned property and assets as a married couple (known by a variety of legal descriptions in various states) then the surviving spouse would probably inherit before the children did. If LEGALLY declared incompetent the probate court would probably appoint a 'trustee' to administer the surviving spouse's inheritance.
Who steps in to pay the bills if a person is found incompetent?
The court must appoint a guardian.
