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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36982
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Is Illinois the same as California. Can an elderly relative

Customer Question

Is Illinois the same as California. Can an elderly relative be declared incompetent by two Doctors? Or is there a legal process that is required?
Thank you,
Steve Graver
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to helpwith your situation or get you to someone who can.

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In either state, the declaration of "medical incompetency" by two doctors is just a step in the "legal incompetency" process as only a probate court judge can issue an order declaring someone incompetent. So the two doctors issuing their opinions wouldn't serve to make someone legally incompetent.

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But their opinions or testimony could be used in a guardianship proceeding by someone filing a petition to become guardian to have the person declared incompetent and then avoid any legal contracts that they entered into after the doctors deemed them medically incompetent.

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So the doctors determination is only part of the legal incompetency process in either state, but doesn't definitively make someone legally incompetent standing alone.

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thanks

Barrister