Elder Care

Protecting Your Estate

Medical Testimony Used to Establish Incompetency

In the case of an allegedly incompetent adult, the medical affidavits or certification submitted with the petition for guardianship or conservatorship is carefully examined by the court. The judge must make a decision based on evidence that is competent and admissible under the rules of evidence of that state, that the person who is allegedly incompetent is, based on the medical evidence before the judge, incompetent to manage his/her affairs.

At this stage, the petition can be opposed by a number of people, including the allegedly incompetent person, if he/she does not believe they are incompetent to manage their affairs. Since the estate of the person is at stake, it is advisable for any person opposing the petition with a serious ground for opposition to consider hiring an attorney to represent them. Many times, even in the face of some medical evidence of incompetency, the court might decide that a proceeding ought not be continued, since the person appeared before the court and did not appear incompetent to the court.

Protecting Your Estate
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