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A person who is diagnosed as being mentally ill, senile, or suffering from some other debility that prevents them from managing his own affairs may be declared mentally incompetent by a court of law. When a person is judged to be incompetent, a guardian is appointed to handle the person's property and personal affairs. The legal procedure for declaring a person incompetent consists of three steps: (1) a motion for a competency hearing, (2) a psychiatric or psychological evaluation, and (3) a competency hearing.
Declaring an individual incompetent means the person is unable to make decisions or take care of himself without the intervention of a guardian. This is normally done in cases of elderly family members who suffer dementia or mentally challenged adults and children. In Georgia there are certain guidelines for having an individual declared incompetent. Before you can do this, you must be a relative of the person or hold legal power of attorney. Seek medical evaluation of your loved one.