When a person is declared incompetent, are the records available for public access?

Asked on March 31, 2015 under Estate Planning, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes. A declaration of incompetence is actually an adjudication of incompetence (and the need for a guardian or representative) by a court; court records are, with only a few exceptions (e.g. juvenile criminal proceedings), available to the public. In the case of a determination of incompetency, they have to be so, so that people who might deal with that person or that person's purported representative can determine their legal standing.

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