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How do i protect myself againest being labeled incompetent…

how do i protect myself...
how do i protect myself againest being labeled incompetent
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Answered in 1 minute by:
3/11/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,983
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. The best thing to do is to be evaluated and let it be documented, that you are competent and your competency is not an issue, regarding this case and situation.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 1 month ago
i have been competent i belive in the past.i have been very sick lately and feel i have made bad health decsions because of being sick.i ahve been bipolar since age 19.i am on my medicine.i have had a cargiver that helped me and she was sick and started a new job and i had a recent foot injury and another medical problem so i went downhill recently.i hired a new caregiver who saw me a my worst and only was around her a wek and she stated i coulnt take care of myself and that i needed guardin.i had severe foot pain for a month and then a prolaspe female problem and she saw me at my worst and i beilive she or someone notified someone that i need 24 hour care.i have been very sick the last month and she doesnt know me well enoough.
It is certainly at your discretion to give power of attorney to someone and to allow them to make your medical and even financial decisions for you. If you have concerns you can speak with a trusted family member or friend about this and ask them to help you and assume this role and responsibility.
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Customer reply replied 1 month ago
i did have another caregiver that has helped me for over 8 months and i told her about it and she said i could take care of myself but i upset her with something i said recenlty and she just recenty said she doesnt want to take care of me either.i beive i have no one to defend me.i do not belive i was at fault.when you have your own caregiver speaking againest you its hard to take stand againest yourself even if no are not incompetent.
The burden is on the person trying to have you declared incompetent to show you lack the ability the care for yourself and make your own decisions. Just because they make this claim means nothing and if the current caregiver is not taking care of you or meeting your needs, you should be able to terminate and end them caring for you.
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Customer reply replied 1 month ago
what i am trying to say is that i got alot worse in the last few months with my foot injury and i have a new medical problem.i did go downhill.would the judge look at the past year and see i was able to take care of myself but just got worse recenly and give me the chance to get better.

It is more about your mental health than physical. If you are of sound mind and can make your own decisions, there would not be a basis to declare you incompetent, if you can arrange for your own care and support.

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Customer reply replied 1 month ago
sir,i had a foot injury over a month ago.i was in severe pain.i am still in pain in the foot..i can no longer walk properly,.it affected me mentally because of the pain.i cant slepp at night becasue of the pain.i developed a vaginal prolaspe because i was sedetary because of my foot.my phyisical problems in the last few months have deteriotated my mental condition.
Customer reply replied 1 month ago
what i am saying is i was able to take care of myslef before the foot injury and the prolaspe.i have had a worse timw because of the pain and suffering.i dont want to be deemed imcompent becasue i amd having a hard time coping with the foot and prolospe.it is very hard to cope when your foot has severe pain and you cant sleep due to the physcail problems.would the judge take that in consideration that i have been worse lately

I do not think the pain alone would be something for the Judge to consider. I think the burden would be on the party who is trying to have you declared incompetent to show you lack the mental ability to care for your self and make your own decisions. You do not have to do anything until someone takes action against you.

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Customer reply replied 1 month ago
what i am trying to say is a persons metal health can get worse due to physical problems such as pain preventing someone from sleeping and the last month i know i dont feel as well as i usuly do,so if someone i barely know saw me like the other lady i told you about and she saw me in my worst state and if she thought i needed a guardiain then i am hoping the judge would look at my past behavior and not the present.i ually sleep 6-7 hours but the pain has been limiting my sleep and causing me to feel worse mentally/i know i havent done as well as i uasaly have done as well as i usaslly have in the last 2 months and what i am trying to say is that i do belive a person can go down hill that quick when you are in severe pain and not able to ambulate well/she stated i called her to often and complained of pain.she said i needed someone with me,i used to be a nurse and i know if your pain controlled it can effect you mentally pljus i heard that a person that has had a hip injury goes down hill fast.i had a 3 hamstring rupture 3 years ago and had surgery and still have chronic pain from that and the new foot injury i am unable to walk good.
it can and as I shared before you would be declared incompetent you would need to be tested and it would have to be established.
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Customer reply replied 1 month ago
well i this lady as a caregiver a few weeks ago and she barley knew my previous situation.she saw me at my worst and i think she may speak with someone about me needing a 24 hour caregiver or guardion.what i am trying to say is how do i defend myself againest being given a guardinship if i know this is not how i usualy am.i am assuming the judge will look at what has happened to me and see that i was doing better until recenlty and look at situation.i usllay do alot better but with a foot injury and alot of pain yes it can be hard to function like this due to the pain and disablity.

It has to be appointed by the Court and if it is sought, you have a chance to defend it and as I shared, be tested and show you are competent and can make your own decisions.

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Customer reply replied 1 month ago
All it takes is for someone to state that i am not competent and i can garentee that my pain is making me have mental diificulies at this time since the pain is making my disbility worse

The mere allegation alone is not enough and as I shared, even if this is reported, you would need to be evaluated. This has to go through the court system. It takes more than a caretaker giving their opinion, as the State will have to step in if there is nobody else to assist if there is an issue.

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Customer reply replied 1 month ago
also i upset my cargiver and never would have thought she would be angry with me.i have too much againest me now.i have always been a pretty good person now my whole life is falling apart.if i am given a guardiion would they be able to live with me or do i have to go to assisted living or nursing home
Customer reply replied 1 month ago
also if it goes to court would my cargivers be summoned to apear also

I do understand. If there is a conflict and you do not feel comfortable with them caring for you, you can have a new one. If you were appointed a guardian, they would decide if it is in your best interest to live and remain in the home and have a 24 hour caretaker or to go into an assisted living facility. Also, money and insurance will be a factor. They may be summoned to testify if it is relevant and necessary but I think an evaluation, by a mental health expert, is what a Judge will really rely on.

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Customer reply replied 1 month ago
i sure hope it doesnt go to court.i haver been on pain medicine and i have paid someone for over a year to drive me to appoinmnets because i know it wasnt right to drive not feeling well.and to have somoone drive me.i got rally sick form a colon problem and deveolped severe abdominl pain and hired a caregiver last luly to help me.she just recenlty told me she no longer wanted to take care of me due to the problems i have caused.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 1 month ago
how would they approach me if i was summoned.would i be summouned to go to go court or be told to go to a psy. hospital for a evalutaion.
Customer reply replied 1 month ago
are you still there?
Customer reply replied 1 month ago
i am hoping i am going to be okay.i see the gynologist tommorow and they said i could get surgery to relieve my pain if i needed it so i am hoping to get better through this.it has been hard to sleep with the pain.
Customer reply replied 1 month ago
thank you for helping me.can i ask another question please?

Yes, you can, if it is related to this? How else can I assist? I just ask that when we are done, you kindly enter a positive rating above.

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Customer reply replied 1 month ago
sir.can the judge deem me temporary unable to make desions due to my illness.could there be a temporary guardinshiop until i got better.also there are limited gaurdinions right where they just make medical desions and finalical.

This would be related to your mental health. If there was something preventing you from making decisions at this time and there was evidence your mental health would improve, it could be temporary.

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Customer reply replied 1 month ago
okay thank you.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,983
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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FamilyAnswer and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
if i rate you now if i can think of something else later i may need to ask can you still reply please thank you

Yes, of course. You can just come back to this page and I would be happy to respond.

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Customer reply replied 1 month ago
could i ask more questions now please

If it is related to this, you can ask a follow-up question and I can respond. If it is a new question, the site does require this to be posted as a new question, I am sorry to say.

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Customer reply replied 1 month ago
okay i will come back ;later today and psot another question that is related to this.i was going to do it now but i am not feeing well and getting ready to go to doctors appointmnet but i will get back with you later please.thank you for responding.

My pleasure.

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Customer reply replied 1 month ago
you had said i could appoint someone power of attorney over me to make my desions right?i dont have anyone i kow that could do it so if i thought i needed someone to help me could i get a lawyer to help me find someone?

Yes, you could. If you wanted to appoint someone, you could and could speak with an attorney and see if they would assume this role and responsibility or knew of someone that could.

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Customer reply replied 1 month ago
please explain more please if you could.what type of lawyer would i get and i cant afford one where i have to pay so i really coulnt get one .i am disabled on low income where could i get assitance and where would i go?

An attorney is going to charge for their services, so if you are unable to pay them, in the event that do have to act, you want to speak with legal aid today and see if they can assist or provide you with leads to local organizations that could help individuals like yourself.

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Customer reply replied 1 month ago
okay thank you i will get back with you wih a few more questions later today if thats okay please

Certainly

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Customer reply replied 1 month ago
if i asked my sister to be my power of attorney and she accepted what would be her duties
Customer reply replied 1 month ago
if she was my power of attorney would she make my finiacail decsions and health decsions
Customer reply replied 1 month ago
i had spoke with her a while back about doing it and may ask her again.am not sure what a power of attorney does.could you please explain now please?i am sorry to ask more questions now when i said i would wait until later sir.i am not feeling well and trying so hard to try to deal with this situation.
Customer reply replied 1 month ago
i wont ask but a few more questions now and shoulnt have to ask any later.i am trying to get ready also for a doctors appointmnet and dont feel well and also had this on my mind so i thought i woould go ahead and ask you now instead of later.i guess you are busy now

The POA would detail and outline the scope of what should could do and what decisions she could make.

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Customer reply replied 1 month ago
okay sir.this is been hard for me.thank you for your time.I am in bad health and i will probly speak soon with my sister to see what i need to do.I do not beileve i am incompetent to make my descions but i just need asisitance since i am no sick with my health problems and pain ..Thank you sir have a good day/
Customer reply replied 1 month ago
if i asked my sister to be power of attorney over me that would allow her to appoint a guardinion for me if the court decided i needed one right.she would speak on my behalf?
If she was unable to handle that she could
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Customer reply replied 1 month ago
okay thank you

My pleasure

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