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Competency In The United States


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.

archiwum
16 Mar 2016  #2

There is a doctrine that basically holds that family law issues are not within the jurisdiction of the federal courts. If the issue was somehow related to a federal crime.
If it's related to a federal crime, perhaps it may be something that could be relevant.
Someone could say that someone is competent through an attorney, but that's not the issue. Regardless of whatever you have it done
by an attorney or not, it all depends on whether there is restriction in a guardianship. This would be found in a petition for guardianship. Like in
Superior Court.

If someone were to belong to there mother legally then that's going to be a Power Of Attorney. In some states a guardian
does not have the authority to give consent to things like marriage. WA.

In Washington State.USA. The only one that can give consent to a marriage is:

-Psychiatrist
-Court
-Yourself

A legal guardian does not have the authority to give consent to a marriage in WA.

CSS III-Court Support Services can approve a marriage.

They do: Pre-Trial Services, Family Services, Divorce&Domestic Violence and Probation-Juevenille Supervision.

CSS is for the poor.

Go to a judge to approve someone to be able to marry. Court Approval.

Correction: Attorney III for the county for Child Support Services.

What about competency to vote? It's a grey area in the UK. In theory you can't vote under certain circumstances (intellectual disability IF you're recorded on the quaintly named District Mental Handicap Register) however it isn't generally observed and very few people are restricted from voting.
When your talking about work it's about if you are born in the United States. Like if you have a birth certificate.

So if your born in the United States you have a constitutional right to work even if your declared incompetent
they'll just send the check to your guardian.

One exception though: If your physically disabled then your doctor can keep you from working.
Or a state action were an attorney for the state approved it like marriage or some other right.
Notary-Is an attorney's signature, which means it was witnessed to.
A notary can also be someone from licensing.
Again, a notary is giving witness to.

Here is a citation that explains how competency works for voting in WA.USA.:WAC 434-324-108.

Also for voting there is: eid=3 which is Enhanced Id-citizenship, residency, and identity.
EID available in Washington. Having an EID proves your proof of citizenship, identity, and residence. Can be used as
proof of identity in voting.

If someone has a Transaction Id online then that's going to be with the banks lawyer. Changing to subject from voting to banking that is. Like the Federal Reserve Bank.

The TC: with 16 letters&numbers is a tracking number for the Federal Reserve.

Correction: State Enhanced Id-eid

eid=3 is citizenship, residency, and identity

Diagnosis's: They don't use AXIS I, II, III anymore. Instead DSM-5.

They got rid of it in 2015!

DSM-5 is a new version like Windows!

-Diagnosis System Management-?

Correction: Diagnosis System Manual

-Like F20.9

A ward of the state is were you have a DSHS case manager as your payee, unless it's CHIP.

A payee pays for you. You don't they do. Nothing is total though and you can have a state attorney petition
the court to have the restriction removed.

More: at the KC courthouse on 3rd Ave in downtown Seattle as an example.

You would have to make an appointment with a state attorney. They might take your case but they might not.

70IQ is the cutoff. If someone has below 70IQ, then the state will pay to support them. If higher than a 70IQ,
then it's only a learning disability, which means it's not DD and the state will not pay.

AID: Is the application ID on the chip card, in this case Visa DEBIT.
TVR: Is Terminal Verification Results
IAD: Is issuer Application data. which is given by the chip to the terminal.
TSI: Is transaction status information. It's another two bytes indicating a list of checks the terminal did.

So, the figure 6800 represents the sum of the values listed: 4000-Cardholder verification was performed, 2000 Card risk management was performed, 0800Terminal risk management was performed.(TSI).

Listed above are thereby indicating that these three steps were followed during the transaction.

AID: Is the application ID on the chip card, in this case Visa DEBIT.
TVR: Is Terminal Verification Results
IAD: Is issuer Application data. which is given by the chip to the terminal.
TSI: Is transaction status information. It's another two bytes indicating a list of checks the terminal did.

So, the figure 6800 represents the sum of the values listed: 4000-Cardholder verification was performed, 2000 Card risk management was performed, 0800Terminal risk management was performed.(TSI).

Listed above are thereby indicating that these three steps were followed during the transaction.

AID: is the application ID on the chip card, in this case VISA DEBIT.

archiwum
10 Jun 2016  #3

These are separate from each other some of them.

Application Label is basically the Issuer. Like VISA Credit or US DEBIT.

If someone is found incompetent to vote, then the court will send by messenger to County Elections
the order.County Elections will then match you up with their system and then send you a letter later
that they are cancelling your Voter Registration due to court order. WAC.

Superior Court handles competency and the different types of guardianships. Some Review.
As for orphanages in the U.S., they don't have them anymore like in the 1970's. Instead, they have Group Homes
were there is 2 or 3 beds a room with a locker. a state guardian oversees it. Foster Care is what it's called.

You are there until your 18.

Getting Back to marriage: The Supreme Court has ruled that the right to marry is a fundamental right," under the due process clause
of the 14th Amendment. State and federal statutes regulating fundamental rights are subject to "strict scrutiny," which usually means that there must be a compelling state interest to regulate. this is why parts of the federal Defense of Marriage Act were struck down. Federal courts have not
had a problem, enforcing state statutes regulating marriage based on age, consiguity, and the like.

RCW 26.04.020 spells out "prohibited marriages" under Washington State law.


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