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In the scenario where a person is mentally incompetent but not adjudged mentally incompetent, what legal action may be taken?

a) No legal action is needed
b) Appoint a legal guardian to act on their behalf
c) File a lawsuit against them
d) Send them to a mental institution

User Oliland
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1 Answer

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Final answer:

When someone is mentally incompetent but not legally declared as such, appointing a legal guardian through a court process is a common legal action. The court must be presented with evidence of incompetence to appoint a guardian, who then makes decisions on behalf of the individual. The correct option is b) Appoint a legal guardian to act on their behalf

Step-by-step explanation:

In the scenario where a person is mentally incompetent but has not been adjudged as such by a court, one possible legal action that may be taken is to appoint a legal guardian to act on their behalf. This typically involves a legal process where evidence of the person's mental incompetence is presented to a court, and if the court is convinced, it can appoint a guardian to make decisions for the person.

It is crucial to note that being mentally incompetent and being legally adjudged as mentally incompetent are two different things; it is the latter that allows for the appointment of a guardian through a legal process. For example, if an elder person is showing clear signs of dementia but hasn't been legally declared mentally incompetent, their family members might pursue guardianship to ensure their well-being and the proper management of their affairs. The correct option is b) Appoint a legal guardian to act on their behalf

User Nneonneo
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