1. File a form to declare a person as incompetent before the Probate Court having jurisdiction over the area where the subject of the petition resides. This form shall include an application to be declared as a court-appointed guardian. 2. In filing the petition, the aid of a mental health or guardianship lawyer is beneficial to the petitioner.
The steps in declaring an individual as mentally incompetent are as follows: 1. File a form to declare a person as incompetent before the Probate Court having jurisdiction over the area where the subject of the petition resides. This form shall include an application to be declared as a court-appointed guardian. 2.
In the United States, competency involves the mental capacity of an individual in order to participate in a legal proceeding or his ability to exercise his liberty and pursue his interest. Competence also pertains to the capability of an individual’s state of mind to make decisions that involve his interests. ...
The retained counsel shall assist the petitioner in the gathering of supporting documents or evidence to strengthen your petition. 3. There must be a psychological evaluation of the person subject of the petition to be conducted by a medical practitioner.
The posting of the bond is required for the purpose of protecting the property and other interests of the individual sought to be proclaimed as incompetent. 5. Petitioners may have some difficulty in looking for bonding companies or insurance companies that may post bond for him. This may be due to poor credit history or criminal history.
Competence also pertains to the capability of an individual’s state of mind to make decisions that involve his interests. Competency is presumed unless there exists a reason to declare a person as mentally incompetent.
If the case does go to trial, a search that is conducted with permission and a search that is done so with a warrant is treated differently. A warrant contains a set of rules that the police must follow. These are not necessarily adhered to when a verbal okay is given.
Take Immediate Action. Those who know they are being accused of a crime that they did not commit should face the situation immediately and directly. If possible, the accused should hire an attorney before formal legal action can take place.
It is unfortunately rare for people to know in advance that they are being wrongfully accused of a crime. There are instances in which police unexpectedly arrive or papers are served before the accused knows what is happening. In these times, it is vital that all parties remain silent until they have a lawyer present. Legal counsel will help with all details. They also help eliminate mistakes that are made while under duress.
Those who have been wrongfully accused of a crime may spend thousands of dollars in court costs and legal fees. Likewise, they may lose their job which makes it difficult to pay day-to-day bills. The accused’s personal life may be affected as well.
A plea bargain is an admission of guilt. This can affect the future: Jobs. Loans.
Just as legal representation is important to refusing wrongful accusations, warrants are vital for any property searches. If the case does go to trial, a search that is conducted with permission and a search that is done so with a warrant is treated differently.
A quitclaim deed is utilized when you need to transfer an interest in the physical property from one person to another. On this type of deed, it will list the name of the person who is handing over their claim and the name of the person who is accepting ownership.
It indicates that they are transferring title to another individual and that the seller owns the piece of property free and clear without any liens. Typically, a warranty deed will be used when a piece of property is sold.
Trial “ in absentia ” typically refers to a criminal proceeding in a court of law in which the defendant is not physically present to present a defense and testify on behalf of one’s self.
One who is presumed dead. “ In absentia ” is Latin for the term “in absence”. Such a declaration may be made when a person is missing for an extended period of time and the evidence overwhelmingly supports the belief that the person has perished.
The making or spreading of defamatory statements about another person, typically of a scandalous, vulgar and denigrating nature, with the intention of damaging the victim’s reputation. Slanderous of defamatory statements that are intended to be malicious in nature.
A fee (such as a “ filing fee “) which may be imposed upon a litigant in order begin a lawsuit or start a legal dispute resolution case. The fee may represent covering administrative costs. In India this can refer to stamps that may be attached to court documents which instruct the payment of fees.
Actual Malice requires intent or reckless disregard for the truth – “knowledge that the information was false” or published “with reckless disregard of whether it was false or not.”. Reckless disregard for the truth requires more than negligence and failure to follow up with generally acceptable reporting standards.
It may also include defamatory statements or accusations and is frequently a means of a stalker intending to unduly influence, intimidate or control the victim. Cyberstalking is a criminal offense under various state statutes which can include stalking, slander and harassment laws.
Generally the upper or top interior surface of a room or area. In contract law a ceiling is usually intended to refer to a highest price or level to occur under an agreement. See also “ floor ” referring to the lowest or bottom price or level of a contractual agreement. An action taken to cure or fix a legal defect.
A deed, of course, is a legal document representing property ownership. But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state’s legal regulations, ...
But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds.
The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.
Wills, of course, are another way to transfer a deed, and a will can be written without a lawyer. A will is also a good way to pass a home on after death, to be sure an heir gets a stepped-up cost basis and receives a break on capital gains tax. But a will has no effect on deeds if their titles are vested in certain ways.
While a deed evidences the transfer of property, a title states how the ownership is held. The title sets forth the capacity of an owner to offer an interest in the home as collateral for mortgages, and to transfer the whole interest, or a portion of their property interest, to someone else in the future.
While a deed evidences the transfer of property, a title states how the ownership is held. The title sets forth the capacity of an owner to offer an interest in the home as collateral for mortgages, and to transfer the whole interest, or a portion of their property interest, to someone else in the future. Title can be held by a sole owner.
As the grantor, you’ll need to sign the deed with a notary public, who will change a small fee. In some states the grantee may not need to sign, but the deed must be delivered to the grantee, and the grantee must accept the deed, or it’s not valid. (Yes, your intended recipient can refuse the deed .)
To fill out a quitclaim deed, all you need is information about the property and the person to whom you're transferring your interest, which you typically can use to fill in the blanks on a pre-printed form available from your county recorder. Steps.
A quitclaim deed is a relatively simple and easy way to transfer any and all interest you may have in a piece of real property to someone else. Unlike a warranty deed, there aren't any extensive (and potentially expensive) searches of property records, and in most cases you can complete the whole process yourself without having to hire an attorney. ...
Nearly all states require the deed to be signed in front of an authorized notary public. Some states also require one or two witnesses in addition to the notary. If you're unsure of the laws in your state, you can get information at the county recorder's office.
The easiest way to get the correct legal description for the property you want to transfer is to go to the county recorder's office in the county where the property is located and get the existing deed for the property.
You may want to use a quitclaim deed to transfer the property to someone else at your death. However, check your state's property laws or talk to an attorney before you do this. In some states, you need to use a transfer on death deed rather than a quitclaim deed.
This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 85,341 times.