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BenefitsLink > Q&A Columns >

Q&A: Eldercare-- The Work/Life Issue

Answers are provided by Joy Loverde, Eldercare Author & Consultant, Silvercare Productions

Rights of Person Who is Declared Incompetent

(Posted August 9, 2006)

Question 47: What rights does a person have when he or she is declared incompetent?

Answer: Answers to questions of this nature are completely dependent upon the law of the particular jurisdiction.

In my home state of Illinois, there are different forms and degrees of guardianship. The "disabled person" (Illinois doesn't use the term "incompetent" any more) has certain statutorily guaranteed rights.

Your best bet is to consult with an experienced probate attorney in your state, who will know how to deal with your particular situation.

Important notice:

Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.

The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.

Copyright 1999-2008 Joy Loverde of Silvercare Productions
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