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Q: When is the defendant declared incompetent?
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When the defendant is incapable of understanding the nature of charges and proceedings he will be declared?

Incompetent to stand trial.


Can a trust be changed by an incompetent trust maker?

No. However, the trustor must be declared incompetent by a court.No. However, the trustor must be declared incompetent by a court.No. However, the trustor must be declared incompetent by a court.No. However, the trustor must be declared incompetent by a court.


When a defendant is incapable of understanding of understanding the nature of the proceedings he will be declared?

incompetent to stand trial. This determination is typically made by a judge based on evaluations conducted by mental health professionals. If a defendant is deemed incompetent, they may be committed to a mental health facility for treatment until they are deemed competent to proceed with the legal proceedings.


Can i be declared incompetent if i am temporarily traumatized by my husband's sudden death?

It's possible, but you would have to be declared incompetent by a judge with supporting documentation from a physician (usually two).


How can you find out if a parent was secretly declared incompetent in Florida by current spouse?

A person can only be declared legally incompetent by court ruling. There would be a record of this action on file at the courthouse.


What does it mean when a defendant declared indigent?

When a defendant is declared indigent, it means that the defendant doesn't have any assets with which to hire a lawyer or another form of legal representation and so the defendant is entitled to free legal representation.


How do you have your sister declared incompetent when she is addicted to drugs and you think she is medically and mentally Ill?

It is hard to get another person declared incompetent. Drug addiction is a personal choice, and so long as she is not trying to commit suicide, doctors will not consider that a sign of incompetence. If she is mentally ill to the point where she is demented, then you could have her declared incompetent.


Defendant incompetent to proceed to felony case can case be reopen?

Yes, there have been instances of mentally incompetent persons who were confined to institutions until they recovered and then they were tried.


If your pregnant girlfriend is declared mentaly incompetent will you get custody of the baby?

Most likely.


You want a divorce and now your wife wants you declared mentally incompetent?

You can STILL get divorced.


What happens to the defendent in a mistrail?

In a mistrial, the case is declared invalid and does not result in a conviction or acquittal for the defendant. The defendant may face a new trial if the mistrial was declared due to procedural errors or jury misconduct.


How do you declare someone mentally incompetent in the state of Illinois?

A person in Illinois has to be declared incompetent through the court system. Bring pictures, dated notes and video, along with medical records and police reports, to present to the court when the incompetence proceedings begin. If the adult is found incompetent, a guardian will be appointed. The guardian has the power to make legal decisions for the person.