Determination of Incapacity
A judicial Determination of Incapacity removes some or all of a person’s rights and should be avoided whenever possible. If unavoidable, it must be coupled with the least restrictive alternative to guardianship possible or, if no such alternatives exist, with the least restrictive form of guardianship. When an allegation of Incapacity is presented to the Court a committee of three examiners is appointed to evaluate the Ward. The examiners’ Reports and any other relevant evidence are presented to the Court and, if appropriate, an Order Determining Incapacity is entered which removes some or all of the Ward’s rights. If any rights are removed the Court must then either ratify the Ward’s existing estate planning documents as less restrictive alternatives to guardianship or appoint a Guardian.