archiwum
19 Sep 2015 #1
I hope you'all don't remove this posting for whatever. Ok, In the United States being mentally ill it's all about what state your living in. Every state has it's own competency laws. Some states have more than one prohibition on the mentally ill. In the State Of Washington there is only one prohibition on the mentally ill, you can't have a fire arm.
You can do every thing else, unless that right has been taken away in a guardianship.
So again, It's all about what state your living in.
If someone were to have a case manager from the state who is a 3rd party payor a payee someone who pays your bills for you. A guardian of person.
You could still get married under conditions if you got court approval from the state judge. The judge
would have to grant your petition.
A petition is a formal written request to a court.
Continues: File the petition in the court that manages the guardianship asking for the restriction to be removed. This could be marriage or any other right.
As for the federal court, they won't get involved unless it deals with civil rights or discrimination. Like competent to marry.
What about probate:
Probate is someones estate, their assets which would be like a car, house, boat, jewelry, or bank account.
A state judge usually appoints a family member to be a representaive for the estate.
If a incompetent person or person that lacks capacity inherits something then the superior court will appoint a representative a conservator to manage the estate on their behalf.
The incompetent person would have to get permission from the representaive to get anything from the estate.
R.W. Cook
Types Of Guardianships:
Guardianships Of The Estate-Is financial only.
Guardianship Of The Person-Is who you get to see, were you get to live, if you can get marry or vote.
Full Guardianship-Is bolth of the estate and the person.
Limited Guardianship-Is were the judge will let you do whatever you want unless it becomes a problem.
This is done in superior court and not federal court. If the box aint checked off then your free&clear to. The box is only checked off if there is a restriction.
R.W. Cook
If a case manager for the state has been assigned to me by the court then can I work?
Answer: Yes, the case manager will get your check. The 1040 tax form would be signed by your guardian who
is the case manager. Not me, In General. Revise: A state guardian will get your check and is the one also who signs the 1040 tax form so you can go to work.
DD people in Washington State can marry without a court order because there is conditions. They'll let you marry
but not have a family. DD is 70 IQ and below.
The state doesn't want to pay for people that are blah.
Review: If someone were to have a state guardian they could only get married if they got permission from the Superior Court judge, which is the regular state judge.
In the State Of Ohio there is a supplemental application for a guardian to sign giving consent to the marriage. The marriage license can be brought back to Washington State which it would be recognized.
Some more stuff:
An individual can give another person Power Of Attorney to manage certain affairs for them. The power can be withdrawn at any time
by the person that granted the power to the other person.
A guardianship maybe established for a person who is 18 years of age or older but who is disabled. However, the guardian is not usually given the power
to decide of their ward may marry or not. If the guardian believes that someone is trying to take advantage of their ward, and if a person
is trying to marry them to take financial advantage of them, or if the person trying to marry their ward is abusive and the guardian
believes the ward is at risk, the guardian can seek court intervention.
If two parties had a consent agreement and one of the parties dies, then the consent agreement is no longer valid. When county elections credits your vote it means the vote was authorized through a court.