Legal Question in Elder Law in California
declaration of incompentancy
I would like to understand the process required to declair a family member incompent to handle their care and affairs due to advanced dementia. The individual resides In Santa Rosa California.
Thank you.
John
1 Answer from Attorneys
Re: declaration of incompentancy
A conservatorship proceeding is what's needed, over the "person" (health and medical decisions) and "estate" (financial decisions). This is filed in probate court. A court investigator is appointed to visit the incompetent person and make an evaluation, and depending on the county filed, an attorney may be appointed by the court to represent the incompetent person.
A doctor's declaration (on a Judicial Council form approved by the court) must be filed with the conservatorship petition or before the hearing, stating specifically the person's mental/physical deficiencies.
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