Proving Incapacity in Moorestown


Proving Incapacity in Moorestown

Proving incapacity requires a careful evaluation of the person’s ability to understand, process, communicate, and make decisions. Making this assessment is a crucial step to secure legal authority to manage someone else’s affairs on their behalf. To prove incapacity, family members or friends may file a petition with the court. The court will review evidence, including medical and psychological evaluations, to determine the individual’s mental capacity.

If you are concerned about a loved one’s ability to make decisions on their own, consult a guardianship attorney to discuss the steps to proving incapacity in Moorestown. Our experienced attorneys can assist you by preparing the necessary paperwork and advocating in court that a guardianship or conservatorship should be established. We understand these matters are highly sensitive and can upset the family dynamic. Our years of experience handling these claims can help guide you through the difficult decisions ahead.

Mental Capacity Laws

The state has extensive laws that govern incapacity and guardianship. The statutes and court rules set forth specific and comprehensive guidelines one must follow to file for guardianship. Generally speaking, adults are presumed to be legally competent. This means a person is in need of a guardian only when they show the inability to make decisions for their health, safety, and financial well-being. However, the bar for proving mental capacity is high, and a court cannot declare someone incapacitated simply because they made a bad decision. Likewise, the existence of a disability or illness is not alone enough for the court to declare someone incompetent.

Demonstrating a lack of mental capacity can be difficult. The burden is on the person claiming incapacity to prove through clear and convincing evidence. Various factors can be relevant, including the individual’s physical, mental, and emotional limitations. Some examples of conditions that could render someone incapacitated include:

  • Dementia or Alzheimer’s disease
  • A severe learning disability
  • A traumatic brain injury
  • Loss of sight or hearing

A Moorestown attorney can work with individuals to prove incapacity through medical diagnosis, witness testimony, and other evidence of how the person’s particular ailment impacts their ability to make decisions.

Reasons to Work With an Attorney

There are various reasons why someone may need to have a family member declared mentally incapacitated. Whether it be to establish a guardianship to make important decisions for their loved one’s legal and financial matters or to contest a will executed when someone lacked the testamentary capacity to execute it, a lawyer can provide crucial guidance and streamline the process. An attorney can prepare the necessary paperwork to petition the court to declare a person incompetent and will know what evidence is necessary to establish the individual’s incapacity in Moorestown. Moreover, our attorneys are familiar with the complicated family dynamics that can play into a decision regarding a loved one’s mental capacity and can advise clients on how to best handle these situations as they arise.

Speak With a Moorestown Attorney About Proving Incapacity

If you have questions about mental capacity laws or need assistance proving incapacity in Moorestown, contact a lawyer to discuss your options. Navigating issues about a loved one’s mental capacity can be challenging, but with the assistance of an experienced attorney, you have the best chance of a favorable outcome.

Although it is a difficult decision to make, proving incapacity can benefit your loved one as a trusted person can manage their affairs. Call us today to schedule an initial consultation at no cost to you.