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Please explain the difference between incapacitated and incompetent and whether this needs to go to court?

Crown Point, IN |

If 2 doctors (one is a Psychiatrist) have declared a person unable to manage his own affairs or make or communicate important decisions concerning his own person and/or property-can a hospital allow that person to sign consents for treatment, procedures, skilled care placement, etc? Or, does this need to go to court and have the person "legally" declared incompetent?

The doctors have said this person has Alzheimer's Disease and there have been no periods of lucidity noticed by anyone.

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Attorney answers 1


This person is not legally competent to sign any documents. If he has previously signed a durable power of attorney or a living will, then the holder can act for him. If not you must petition the court to have a conservator or guardian named.

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