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Difference between incapacitated and incompetent

Modesto, CA |

Agent acting agianst her best wishes . Revoked durable P . o . a . . how do we get him to turn over her assets .

She isn't able to get any of her financial information..not from CPA. Bank..agent

Attorney Answers 2


The terms are the same basically as laymen. Incapacitated means physically not capable. Incompetent lacks the mental competency or mentally disturbed as to affect their ability to think rationally.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456

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2 lawyers agree


This is a very broad question and unfortunately there has not been enough information provided to answer your question. I suggest you contact a Probate litigator who is experienced in conservatorships and litigation.

No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.

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