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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35368
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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How do you deem your parent incompetent?

Customer Question

How do you deem your parent incompetent?
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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As a general practice, the person seeking to have another adult deemed legally incompetent would file a petition for guardianship in the local probate court and then have the other adult served with the summons and notice of the petition. Then there is a hearing where the court will normally appoint a "guardian ad litem" for the proposed ward (i.e. the subject of the petition) and order an investigator for the court to compile a report of the ward's condition.

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The report is compiled by speaking with the person and their doctors and then the report is prepared and submitted to the judge. The applicant would get the person's doctors to testify at the hearing personally as to whether they think that the person is competent to take care of themselves and their affairs.

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Then the judge would normally ask the person questions about the proceeding to see if they understood it and knew why they were there as well as other things to determine whether they felt the person needed a guardian or not.

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After that the judge would take the matter under consideration and render a decision a few days or weeks later. If the person is deemed incompetent, then the guardian is appointed and basically takes over the control of the other ward's life and care.

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thanks

Barrister