Criteria for Incompetency

A person is legally incompetent if any of the following is found to exist:

  • The person is not able to properly provide for his or her personal needs for food, physical health, clothing, or shelter
  • The person is a developmentally disabled adult
  • The person is resist fraud or undue influence or is substantially unable to manage his or her own financial resources

The standard of proof for a determination of incompetency and the appointment of a conservator is clear and convincing evidence.

An experienced attorney can help ascertain at what capacity is at issues and whether a conservatorship is necessary. Call the attorneys at Sundeen & Salinas for a free consultation.

If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.

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