Ideally, your loved ones will have their full mental faculties all the way through their later years. However, when someone begins behaving erratically or making bad decisions, it may become necessary to step in. Declaring someone incompetent is a legal process that starts with filing a petition with the courts.
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Typically, legally incompetent adults are at a point where their cognitive issues are putting them and their loved ones at risk. This could be the elderly spouse with dementia who keeps withdrawing money and losing it. It could also be a parent who makes sudden, highly unusual changes to a will. When all other attempts to remedy the situation fail, loved ones might pursue legal action.
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The request to have someone declared legally incompetent starts with a petition filed with your local court. If your petition goes through, you will become the person's legal guardian, putting you in charge of legal and major financial decisions. But before the petition is approved, the court will look at a variety of legally incompetent criteria, including the results of a psychological evaluation.
The petition will vary from one state to the next but, generally speaking, you'll be asked questions about the person's incompetence. You may be required to provide information about any diagnosis and treatment relating to the person, including listing all related prescribed medications. You'll also need to describe, in detail, what you've observed that makes you believe the person qualifies as legally incompetent.
