What Is The Legal Effect Of A Judicial Determination Of Incapacity Or Disability?

The answer depends upon whether the court has made a finding of total disability and incapacity or only partial disability and incapacity. If the court finds that a person is only partially disabled and partially incapacitated, the person is still presumed competent and loses only those rights specified in the order. A person who has disappeared or is being detained does not lose any rights. On the other hand, if the court finds a person totally incapacitated or totally disabled, or both, the person is presumed to be incompetent for all legal purposes. A person who has been determined by a court to be disabled is referred to as a protectee and a person who has been determined by a court to be incapacitated is referred to as a ward.

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