0
What is the criteria in the state of Florida to find out if someone is legally incompetent?
If Florida is like Connecticut: There would be an assessment by a neutral, qualified professional (psychiatrist, social services, etc), a hearing in which all sides --pro, con, and the guy himself-- present views, evidence, etc, and a ruling by a judge. Do you mean incompetent (senile) or incompetent (insane)? They are two different procedures, different time frames.
In CT, the judge doesn't commit someone, but appoints a conservator to look out for the man's best interests. So this is a lengthy process and even then, commitment is not a foregone conclusion. Even if a temporary emergency conservator is named, in CT a full hearing must be held within a certain number of days, depending on the nature of the application. He would not just be locked away with no recourse.
Three recommendations:
1. Find a lawyer to see what you can do in Florida and
2. Think about what is truly best for your Dad and his quality of life, and whether your mother (or whoever) is qualified to care for him if he needs constant care. That is, double check that your reaction is not one of resistance to his (changed?) situation.
3. Talk to your mother about her reasoning. See what her intentions and fears really are. Hear her out about how much responsibility she can bear given her own possible limitations of time, strength, expertise,stamina, etc. "You see how he is" is NOT enough of a conversation.
What else can I help you with?
What circumstances can someone who is incompetent participate in research as a human subject?
Someone who is legally authorized gives consent on the subject's behalf
Can a person be judged incompetent and not have a guardian?
It is POSSIBLE, but highly unlikely. Adult persons who have been judged legally 'incompetent' to handle their own affairs, must have someone named as either their Guardian or their Conservator.
If your 17 can you date someone 21 in Florida legally?
It is legal in Florida for a 17 year old to date a 21 year old.
How can someone legally fight a social worker from declaring a family member incompetent?
To legally challenge a social worker's determination of incompetence, one can seek legal advice to understand the specific criteria used for the determination. A lawyer can assist in gathering evidence, presenting a case to a court, and potentially requesting a new evaluation by an independent expert. It's important to adhere to the legal process in the jurisdiction to challenge such determinations effectively.
What are the ramifications of an incompetence finding in a civil proceeding?
If the question is about someone being adjudged legally incompetent, then a conservator or guardian is named by the court to administer the individuals affairs and assets. If the question is about a plaintiff or a defendant in a civil case being found incompetent, it would mean that they were not legally liable for whatever the action (or lack of action) was that brought the case to court in the first place.
Under what circumstances can someone who is incompetent participate in research as a human subject?
Someone who is deemed incompetent can participate in research if a legally authorized representative grants permission on their behalf, if the study presents potential benefits to the individual and poses minimal risk, and if the person expresses willingness or assent to participate whenever possible. Additionally, researchers need to obtain approval from an Institutional Review Board to ensure that the person's rights and well-being are protected.
Can a 22year old date a 15 year old in Florida legally?
NO...find someone your own age!!! NO...find someone your own age!!!
Can someone who is 21 legally date someone who is 16 in Florida?
There are no laws about dating. However, there are laws about sexual contact. And in Florida the age of consent is set at 18. But because of the age closeness, it would not be illegal.
What word describes someone that is not good at their job?
Incompetent.
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.
How do you have someone declared incompetent in Fl and why would you do this?
Generally, a person can be declared incompetent when they can no longer make rational decisions for their own care. The court may assign a relative or some one else to make legal, financial or medical decisions on their behalf. Because laws concerning competency differ from state to state, you would need to make inquiries of a lawyer or legal aid service in Florida - or research Florida law through the state government website - to find out Florida's specific procedure.
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.
