Legal Question in Wills and Trusts in Virginia
declare incompetence
My mentally retarded child turns 18 yrs old in Jan '08.
Am I correct in thinking that she will need to be declared incompetent and her assests (bonds) placed in Trust?
How/who can declare her incompetent?
2 Answers from Attorneys
Re: declare incompetence
Declared incompetent, you ask. Why for?
You could, I suppose, petition the court to be appointed the child's conservator in order to take control of her assets and manage her financial affairs once she legally becomes an adult. However, I remain unaware of any procedure for legally declaring
such a person with mental deficienies/ retardation as "incompetent" for any purpose whatsoever.
Re: declare incompetence
CORRECTION: I should've ended my prior answer with the phrase, "except for the purpose of standing trial on a criminal charge".
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