Incompetency

Your important decisions deserve sound, competent legal advice.


What is Incompetency?incomptency

“Incompetent” means an adult person who, by reason of mental illness, mental deficiency, disease, weakness of mind or any other cause, is unable, without assistance, properly to manage and take care of himself or herself or his or her property, or both. The term includes a person who is mentally incapacitated.  NRS 159.019.

A petition for the appointment of a guardian may be filed in the event there is medical documentation that a person has incompetency.  If the court finds the proposed ward competent and not in need of a guardian, the court will dismiss the petition. However, if the court finds that appointment of a general guardian is appropriate, the court will appoint a general guardian of the ward’s person, estate, or person and estate.

Different levels of competency.

There are different levels of competency and someone who may be deemed “incompetent” for guardianship purposes may still be competent to execute a will or trust.  However, behavior such as poor judgment, drug use or gambling, does not by itself, prove that a person has incompetency.

Guardianship is a very serious matter and should be considered only after other less drastic alternatives have been measured.

Ready for effective, immediate action for your guardianship matter? Contact Drizin Law at 702-798-4955 to speak with an attorney today.