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9. Tell me a little more about the rights you actually lose if you
are
declared incompetent or incapacitated in court.
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Simply put, you are reduced to the legal status of an unemancipated
child. You are no longer considered to be an independent adult.
If a conservator or guardian is appointed to control your personal
affairs, that person will decide where you will live, what you will eat,
what you will wear and read. No mail--including dividends, social security
checks, bills and personal correspondence--will come to you. Your
conservator or guardian will determine your medical or psychiatric care
(and you cannot refuse). You may lose your right to vote, to drive, to
divorce or remarry, or to make a new will. In some states, you may be
placed in a nursing home or board and care facility regardless of where YOU
want to live.
If conservator or guardian is appointed to make decisions
concerning your property and finances, you will immediately lose all rights
to manage your money, your property, your business and your investments.
You will not be permitted to make gifts or lend or borrow money, and you
will not be permitted to spend your money "frivolously." You will be
put on
an allowance. What is more, you will not be allowed to make contracts,
which means that you cannot hire an attorney to try to overturn your
unwanted conservatorship or guardianship. |
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