If a person has been determined by a court to be mentally incompetent with the appointment of a conservator or guardian cannot form a legally binding contract with another party. True or False

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05-12-2022
Law

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If a person has been determined by a court to be mentally incompetent with the appointment of a conservator or guardian cannot form a legally binding contract with another party. True or False

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kumargaurav1012000 kumargaurav1012000 · Answer 1 · 2022-12-09T00:58:49-05:00

The given statement is True.

When a family member is unable to manage their own affairs, one of the hardest decisions to make is whether to ask the court to take over legal responsibility for those activities. It is frequently a senior parent or relative. It occasionally happens to be a victim of an overdose on drugs or medication or someone who has been hurt. Sometimes it might be a child or a person who is mentally sick.

If there is no Durable Power of Attorney in place, a guardian will need to be appointed by the court. A conservator is not the same as a guardian. Unlike a guardian, a conservator has no power or responsibility over the individual. The conservator only has authority over assets like money and real estate. A conservator has the authority to invest estate money and distribute funds that are reasonably required for the support, care, benefit, or education of the protected person and any of their legal dependents. If there is a valid Durable Power of Attorney, a conservator may alternatively be referred to in California as a "Guardian of the Assets" as opposed to a "Guardian of the Person" and may be appointed as previously mentioned without the need for judicial intervention. To act as a conservator without involving the court, a durable power of attorney over assets is needed.

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