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Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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Are there laws in PA that describe how to declare someone mentally

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Are there laws in PA that describe how to declare someone mentally incompetent?
Thank you for allowing us to assist you with this problem.

Yes it is true that is you hold a POA if you obtain a letter from the doctor that he in not of sound mind that would be sufficient to use the POA, but that is not the same as having someone declared incompetent. Only a court can declare a person incompetent.

The term incompetency has several meanings in the law. When it is used to describe the mental condition of a person subject to legal proceedings, it means the person is neither able to comprehend the nature and consequences of the proceedings nor adequately able to help an attorney with his defense. When it is used to describe the legal qualification of a person, it means the person does not have the legal capacity to enter a contract. When it is employed to describe a professional duty or obligation, it means that the person has demonstrated a lack of ability to perform professional functions.

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