Guide to Mental Capacity and Determining Incompetence

Guide to Mental Capacity and Determining Incompetence


If you’ve been declared as mentally incompetent or are being subjected to a conservatorship proceeding you feel is unwarranted, you can hire an attorney to try to have the conservator’s appointment reversed. 

The court generally will not grant a conservatorship unless it is genuinely needed, since a conservatorship strips an adult of their rights and can be a drain on the court’s resources. In other words, the court is likely to hear you out if you have concerns about the conservatorship being proposed. 

Of course, if your treating physician has declared you as mentally incompetent or has documented symptoms that could point to potential incompetence, it could be an uphill battle for you to prove you have mental capacity, but with an experienced attorney by your side, the chances will be greater that your incompetence declaration can be reversed. 





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