what kind of lawyer can i get to declare someone incompetent

by Ryley Green 7 min read

Elder Law Attorney
The court usually looks at a number of factors in determining the need for a guardian or conservator, including the following: Comprehension of important medical or financial information. Appreciation of the importance of medical and financial decisions and understanding the effect of those decisions.
Apr 29, 2022

How do you declare a person incompetent in court?

The legal procedure for declaring a person incompetent consists of three steps: (1) a motion for a competency hearing, (2) a psychiatric or psychological evaluation, and (3) a competency hearing. Probate courts usually handle competency proceedings, which guarantee the allegedly incompetent person Due Process of Law.

Can a doctor declare a person legally incompetent?

The short answer is that it depends on state law, as each state is slightly different. In Colorado, no doctor has that power, as only a Court with jurisdiction can declare someone legally incompetent (the Court will usually rely on one or two doctor evaluations as part of the process). However, many legal documents, such as trusts...

Who can get involved in an incompetent person case?

Instead, any interested person may get involved. For example, if a government agency petitioned a court to declare an elderly woman incompetent, the woman’s children could come before the court to argue that their mother was competent, even if the children did not receive formal notice of the hearing.

Can you declare someone mentally incompetent?

If you decide to try and have someone declared mentally incompetent, then it needs to be for the right reasons and your intentions need to be in the best interests of the person in question. Jim Treebold is a North Carolina based writer.