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How Do You Know If Someone Is Considered Legally Incompetent?



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how do you know if someone is considered

legally incompetent well I'm going to

take the easy road first as far as

that's concerned if you're under the age

of 18 and the and the state of Florida

you're not an adult and so legally

you're not competent to contract and so

you're not legally competent and when

this comes into play is whenever you're

to receive a great deal of money

then that may require a guardianship if

the minor is to receive let's say from

an estate and inheritance and the amount

of money is less than $15,000 then the

natural parents can accept this

inheritance in behalf of the minor child

or the minor who is legally incompetent

also when it comes to contracting you

can contract with a minor

however it's not legally binding on the

minor he after he turns anytime before

age 18 he can disavow the contract after

he turns 18 he has a reasonable time in

which to disavow the contract or he can

ratify the contract after he turns age

18 now as far as people other people who

were considered legally incompetent that

usually comes with an incapacity hearing

and is related to a guardianship

proceeding we're in the judge has a

hearing and has a panel of three

professional mental health professionals

I believe it's a psychiatrist and and

some other people serve on a panel and

they have a recommendation after they

interview the alleged incapacitated

person in a guardianship proceeding

they appoint a lawyer to represent this

person and as a result of being

incapacitated the person loses all of

their rights and so as a it's a trial

and in order to for the judge to

consider that sense it's a drastic

measure many times the judge will not

declare somebody totally incapacitated

may still give them the right to do

certain things such as vote and other

matters but you tell that whether or not

someone who's legally incapacitated or

incompetent by an order which the judge

enters is finding that they're

incompetent so if you have any questions

about capacity incompetency give my firm

a call at seven twenty seven eight four

seven two two eight eight my associate

jala Perron vez a is one who handles

elder law and guardian ships

you