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How Do You Declare Someone Mentally Incompetent?

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People are considered mentally incompetent if they suffer from a disorder or illness that renders them unable to make sound judgments concerning their welfare or the welfare of others whom they are responsible for. If this happens to someone you love, it may be necessary to take legal steps to have the person declared incompetent so you or someone else can assume the role of guardian to oversee the person's legal, financial and lifestyle decisions. Contact the probate court in the area where the person resides or claims permanent residence. Request the appropriate forms for declaring a person mentally incompetent. This generally requires you to file a request for guardianship. Retain a mental health or guardianship lawyer to guide you in completing the appropriate forms and securing documentation to support your claims. Seek a psychological evaluation of the person by a qualified professional. If the person does not submit to the evaluation voluntarily, you will need to request the ... more
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