INCAPACITY AND GUARDIANSHIP LAWYER

There are times when a senior person in our life, usually a father or a mother, is suffering from severe cognitive impairment, and they usually require someone to step in for them and make decisions on their behalf.

In order for this to happen, the person must be incapacitated and a legal guardian must be appointed, which will usually fall on one of their children. This procedure must be done before a judge, who will ensure that the person is truly incapacitated, and that the person being appointed as guardian is the best possible person for the position.

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WHAT TO DO IF…

If we know a senior person that is affected by a cognitive ailment and we think it is necessary to declare their incapacity, the first thing we have to do is gather medical records that support our claims.

It is also possible to declare that a young person lacks mental capacity if they are severely ill or have been in a car accident which has led their mental abilities to be impaired.

Declaring that a person lacks mental capacity is a serious act, which is why a legal proceeding to appoint a guardian must not be initiated if there are any doubts concerning the mental capacities of the person in question.

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INCAPACITY AND GUARDIANSHIP EXAMPLES

1

My mother is 90 years old, and was diagnosed with Alzheimer’s some time ago. We need to sell her house in order to pay for the nursing home she is in, and for that we need to declare her mental incapacity so that one of her children can be appointed as her guardian.

2

My husband was in a motorcycle accident, and after several months of rehabilitation we have had to undergo a legal procedure to declare his incapacity; I am now his legal guardian.

3

My parents have been in a nursing home for years, but my mother had an ictus and we have to declare her mental incapacity; even though my father’s mental abilities are fine, I think it’s best if I become her legal guardian.

IF YOU ARE IN A SIMILAR SITUATION, DON’T THINK TWICE

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