Is it necessary for a judge to declare a 93 year old man incompetent?

The man is on 3 different medications for dementia. There is additional documentation for over the past 5 years of a dementia diagnosis from 3 different physicians.

Asked on November 17, 2013 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, only a judge can make a legally effective or binding determination of incompetency. It does not matter how many other people, including doctors, believe the person incompetent; there has to be a court adjudication of incompetence for there to be any legal effect.


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