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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I am a Veteran who is on disability and my wife wants to have

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I am a Veteran who is on disability and my wife wants to have me declared incompetent. I pay all my bills on time and I give my wife 600.00 a month out of my disability. I have a sizable account of money in the bank. I also paid for a cruise for her which was around 2000.00. I own about 20 guitars which I play some of them every day. The problem is that my wife said that if she finds out that I buy another guitar, she will have me declared incompetent. I also pay for her medical insurance. My psychiatrist said he would write a letter to attest to my competence. Can she do this
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Only a court can declare a person incompetent. A court will hold a competency hearing if your wife's intent is to take over managing your financial affairs. If your psychiatrist finds you are competent it is unlikely your wife could get a judge to declare you incompetent.

In any case your wife would need a lot more that complaining of your love of guitars. Some people collect stamps, coins etc. You collect guitars. This is not a sign of mental incompetency.

You can also caution your wife that if a court appoints a financial conservator, the cost will be a lot more than a few guitars every year.

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Jack R. and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your answer. Additionally I moved to Colorado with my part of the selling of my fathers house. I left with 35000.00 and moved into an apartment out there. I purchased season tickets to the Colorado Avalanche hockey team. I became ill out there and could no longer go to the games so I tried to sell as many as I could. My wife also brings that up. I had to return to PA in 2011 and that is when all this started.


Being unable to attend how games is not enough to establish that you incompetent to handle you financial affairs either.


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