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How is someone in Georgia declared incompetent.

Atlanta, GA |

I need to know how someone in Georgia declared incompetent. If this requires that someone go to court then is it medical malpractice if a doctor declares someone incompetent.

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Attorney answers 1


The Probate Courts in Georgia make legal determinations as to incompetency through the guardianship process. A physician can make a medical opinion in that regard, but any final transfer and removal of legal rights must come through a court proceeding.

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