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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36505
Experience:  25 years of experience helping people like you.
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What would you have to do to prove someone is incompentent

Customer Question

What would you have to do to prove someone is incompentent in running their own life or making life choices for them selves?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To enable me to provide the most accurate information, I need to ask you a couple of questions. Please tell me:
1. In what manner is the person making poor life choices? Can you give me an example please
2. Is the person abusing drugs or alcohol?
3. Has the person sought medical treatment?
4. Does the person have a diagnosed illness?
5. Has the person threatened harm to himself or others?
6. What other information do you think would be helpful for me to know?

Thanks!
Customer: replied 1 year ago.

I was just wanting to know if someone is delinquent on their taxes if someone could say that they are incompentent and cant run their life? What steps would they have to go thru to prove incompentency? Like would they have to prove it court?

Expert:  FiveStarLaw replied 1 year ago.
Thank you for your response.

In Oklahoma an adult aged 18 or older is presumed competent. The issue of competency only arises if there is some evidence of impairment. Only a court can determine that a person is not competent.

In order to be determined incompetent, a court must rule that an individual's actions fail a legal test of "minimal cognitive capacity". The failure to pay taxes in a timely manner alone would not be sufficient. Bad financial judgment alone is not proof of incompetency

You may read the statutes in full at this link:
http://www.ablminc.org/A%20Day%20with%20the%20Judges_10-30-09_OKC/Presentations_By_Speakers_pdf/11_ACT_Guardianship_Title%2030.pdf

I would be glad to respond to any related follow-up questions that you may have.
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36505
Experience: 25 years of experience helping people like you.
FiveStarLaw and 7 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

How would someone get a court order? How does it make it to court in the first place? An incompentency hearing that is.

Expert:  FiveStarLaw replied 1 year ago.

It depends upon the circumstances surrounding the incompetency. In the most extreme situation, where a person is believed to be in imminent danger – a threat to himself or others – the police can take the person into custody pending court review within 72 hours.

However that is not the situation you have described.

In a situation where the person is alleged to be financially incompetent, one would need to file a petition with the court for guardianship of the persons property. Medical testimony would be required from at least 2 physicians and the court would hear additional evidence from interested parties/witnesses.

Customer: replied 1 year ago.

What if said person is married? Could an outside party over ride the spouse ? For example sister,brother,cousin,ect.......

Expert:  FiveStarLaw replied 1 year ago.

Only the court can determine a person is not competent – not the spouse or other relative. However if a guardian is appointed, the court would typically appoint the spouse
Customer: replied 1 year ago.

What if said person is living in a life estate and realatives dont agree on how said person is taking care of the estate?Could that be just cause for a petition?

Expert:  FiveStarLaw replied 1 year ago.
What if said person is living in a life estate and realatives dont agree on how said person is taking care of the estate?Could that be just cause for a petition?

No it could not
Customer: replied 1 year ago.

So basically what you are saying said person would have to either be mentally not sound and doing crazy things or physically impaired and not able to do for one self? As long as said person can maintain their life in a normal fashion it is almost impossible to be prooven incompentent correct? Thats way the I'm taking our conversation anyway.

Expert:  FiveStarLaw replied 1 year ago.
Yes. That is absolutely correct

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