#Sononym for incompetent how to#

That might not really be much of a stretch. Similarly, someone who lacks capacity to make medical decisions might still be able to sign a health care power of attorney. Here’s a (perhaps surprising) point: even someone who is incapable of managing their own finances might be capable of signing a power of attorney to delegate that task to someone else. In other words, the level of capacity required for different acts varies according to the act in question. A person under guardianship may even have the capacity to get married, hire an attorney, or any of a number of other things. In fact, as we have described before, a person who has a guardian may still be able to sign a will (at least in Arizona).

There’s also no reference to a required medical evaluation. Notice what’s missing from that description? There’s no reference to an inability to make or communicate responsible decisions. We understand that phrase to mean that someone knows who their family members are, what assets they have (at least in a very general sense), and what it means to make a will. Lawyers often speak of “testamentary” capacity. What about capacity, or competence, for other purposes? Until a Superior Court judge says so, there is no such finding. That report must be signed by “ a physician, psychologist or registered nurse appointed by the court.” As a practical matter, that means the decision is dependent on medical personnel.īut note: the mere existence of a diagnosis, or even a medical evaluation, does not determine that someone is legally incompetent. There must be a written report documenting the incapacity. Having a guardianship demonstrates that the person is legally incompetent, but having a limited guardian, or a conservator, does not.īut who gets to decide that someone needs a guardian (or, for that matter, a limited guardian or a conservator)? In Arizona, Superior Court judges make that decision. So there’s a quick distinction among several different kinds of competence (or capacity). In fact, the Arizona statutes are clear: appointment of a conservator is no finding as to the capacity of the person subject to the order. That means that the person “lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.” One wrinkle: the court can appoint a limited guardian for someone who is not found to be an incapacitated person (that can preserve their right to vote).Ĭonservatorship of the estate, though, does not require a finding of incapacity. That law requires a showing of incapacity before appointment of a guardian. In 1974 Arizona adopted an early version of the Uniform Probate Code. Incapacity, guardianship and conservatorship

Who couldn’t vote? Anyone who was “under guardianship, non compos mentis, or insane.” In 2004 Arizona voters modernized that language to instead prohibit voting by anyone who has been “ adjudicated an incapacitated person.” So that sounds like a good place to start. The Arizona Constitution, for instance, for almost a century limited the right to vote in the state. But the use of language has varied considerably, even in the past few decades. We most often hear the phrase “legally incompetent” from people who are neither lawyers nor doctors. It is true, though, that competence is a term more often seen in medical reports, and capacity is the favored term in legal documents. Some lawyers like to explain that doctors (and other medical providers) can judge competence, but that the legal system decides capacity. Is the difference substantive, or is it a case of two phrases with equivalent meaning? The terms may be largely interchangeable, but there are some subtle differences. Most people, and many lawyers, think and speak about “incompetence.” The law in most states, though, addresses “lack of capacity.” Incompetent, or incapacitated?įirst we have to deal with language.

#Sononym for incompetent how to#

Most people think they know how to judge that someone would be legally incompetent. The concept of competence in the law is surprisingly confusing. What does it mean to have someone declared legally incompetent? And how does that happen, anyway?