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File for Guardianship. ... Consult an Attorney. ... Schedule a Psychological Evaluation. ... Submit the Evaluation to the Court. ... Attend the Hearing.

A person is deemed to be incompetent when they no longer display the ability to make decisions that are in their best interests. 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.

File for Guardianship. ... Consult an Attorney. ... Schedule a Psychological Evaluation. ... Submit the Evaluation to the Court. ... Attend the Hearing.

In general terms, an incompetent individual lacks the qualifications or ability to do something successfully. In regards to the law, however, the term incompetent refers to a person's inability to understand legal proceedings or transactions, or lack of metal capacity to understand the consequences of his actions.

Medically Incompetent. According to the Stanford University School of Medicine, a person is legally deemed medically incompetent if she is unable to do certain activities. For example, the person cannot answer questions about recommended treatment intelligently.

The word incompetent is similar to incapacity, although incompetent has to do with legal matters while incapacity has to do with medical matters. Most states use "legally incapacitated" to refer to a person who cannot take care of his or her own physical safety and health.

If a judge determines that someone is legally incapacitated, the court has the authority to appoint a guardian or conservator to manage the person's property and ensure their daily needs are met.

"Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions."

If the person who is granting the power of attorney is incapacitated, then they cannot create a power of attorney for another person to sign. The interested party can petition the court for guardianship. Guardianship can be over the person, the property or the person and property of the incapacitated person.

Person temporarily or permanently impaired by mental and/or physical deficiency, disability, illness, or by the use of drugs to the extent he or she lacks sufficient understanding to make rational decisions or engage in responsible actions.

Misconception #1: You can sign a power of attorney if you are legally incompetent. No! Someone can sign a power of attorney (or any legal document, for that matter) only if they are legally competent to do so.

A legally incompetent person is not able to understand what she is signing and is often not even aware of her own condition. Likewise, an already incompetent person cannot grant a durable power of attorney.

You start the process of declaring a person mentally incompetent by filing an official petition with the local district of your state's probate court. At the same time that you are filing to have someone declared mentally incompetent, you are also filing to become their legal guardian.

For a Power of Attorney, usually at least one witness is required to watch the principal sign, and most matters involving property require notarization.

In North Carolina, the court appoints a guardian after a guardianship petition is filed. Anyone may file a petition, but if both parents are dead, the petition is filed with the clerk of the superior court of the minor's county of residence.