Aug 31, · State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony or gross misdemeanor record implicating dishonesty (forgery, bribery, etc.). The guardian must themselves not be incapacitated, of course. Legal Incapacity, Incompetence, and Estate Planning If a loved one is incapacitated or incompetent, you may need to pursue guardianship and conservatorship for them through the court in the state where they reside.
Jun 12, · You start the process of declaring a person mentally incompetent by filing an official petition with the local district of your state’s probate court. At the same time that you are filing to have someone declared mentally incompetent, you are also filing to . A decision declaring an adult legally incompetent, or an order establishing a conservatorship or guardianship for an adult. (8) Order of Commitment. A decision ordering commitment, entered after a sanity hearing or after a sexual predator hearing. (9) Order on Motion for New Trial or Amendment of Judgment.
(e) For purposes of giving informed consent for health care pursuant to RCW and , an "incompetent" person is any person who is (i) incompetent by reason of mental illness, developmental disability, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, of either managing his or her property or caring for himself or herself, or both. Feb 06, · A long legal battle is not the only way to have an individual declared a legally incompetent adult. If you believe your loved one may meet the criteria for legally incompetency, an honest discussion may be in order. First, ensure the person in question is safe and healthy. Next, you can approach the potentially incompetent person about the issue.
Sep 17, · If you haven't already done so, you need to file a petition to be appointed as guardian over the person you wish to be declared incompetent.