Legal Question in Elder Law in Georgia

Incompetence?

Is it necessary for one spouse to have the other declared incompetent in order to gain control of all joint assets? The spouse has alzhiemers.


Asked on 4/24/02, 9:48 pm

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Incompetence?

"Incompetence" is not something which has to be shown or "declared." If an adult is incapacitated by either mental, physical, or both mental and physical deterioration or injuries so that he or she cannot manage his or her affairs, a guardian may be appointed by the probate court to handle those affairs. The question is not one of "incompetence." The question is whether help is needed.

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Answered on 4/25/02, 8:18 am


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