Can a loved one be declared incompetent in Illinois?
In most cases, going to court to have a loved one declared incompetent is very messy and depressing, which is why you should try everything in your power to avoid it. Under Illinois law, the legal term “disabled person” is used to describe an individual who is mentally impaired, incompetent, or incapacitated.
What happens if you have a parent who is incompetent?
Many people aren’t so fortunate — their loved ones resist giving up control, and family members are forced to initiate guardianship proceedings, which can result in deep embarrassment, strained relationships, and costly legal fees. Such scenarios are more common than you might think.
What happens when a person is declared legally incompetent?
If a person is declared legally incompetent, he or she becomes known as a ward. The judge assigns someone to care for the ward. The caregiver may be called a guardian or a conservator, depending on the state and the specific duties they are given. A guardian may be given powers to make legal, medical and/or financial decisions on the ward’s behalf.
What happens to a person who is declared mentally incompetent?
Legal Guardianship Requirements. Anyone who is declared mentally incompetent requires a legal guardian to make decisions on her behalf. Depending on her condition, the court might grant limited or full guardianship. Full guardians make all decisions for the mentally incompetent person, called the “ward” after guardianship has been granted.
Can a person be declared incompetent by their family?
While you cannot have someone declared incompetent because they make decisions you do not agree with, a person can be declared incompetent if they appear to be living in their own reality. Why Have Someone Declared Incompetent? People who make rash changes to their will usually have their competence challenged by family members.
In most cases, going to court to have a loved one declared incompetent is very messy and depressing, which is why you should try everything in your power to avoid it. Under Illinois law, the legal term “disabled person” is used to describe an individual who is mentally impaired, incompetent, or incapacitated.
Legal Guardianship Requirements. Anyone who is declared mentally incompetent requires a legal guardian to make decisions on her behalf. Depending on her condition, the court might grant limited or full guardianship. Full guardians make all decisions for the mentally incompetent person, called the “ward” after guardianship has been granted.
How can I declare my loved one mentally incompetent?
If an attorney agrees that the family has a good case to declare their loved one mentally incompetent, the first step may be to file a petition for guardianship. The exact process to do so differs among the states. However, the petition goes to the local probate courts. The petition should name the person who wants to become guardian.