Court Appointed Guardian To Manage Your Affairs
How Does A Court Decide If A Guardian Is Needed?
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There is no single test for mental capacity in each state. However, in general:
- Incapacity is evaluated in connection with specific tasks. The question is usually: incapable of doing what?
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Different legal standards of capacity usually apply to different tasks. For example, the capacity to execute a Will may be different from the capacity to drive or to make medical decisions.
Typically, a three-part test is used to determine incapacity:
- There must be some type of disability.
- There must be a finding that the disability prevents the person from performing activities essential to take care of his or her personal needs or property.
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There are no workable alternatives to guardianship.
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