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Finding Incompetency in Guardianship: Standardizing the Process

Abstract

This Note examines whether definitions of incompetency and the procedures for obtaining objective evidence of incompetency for guardianship hearings adequately protect the interests of proposed wards. Three recommendations.are proposed: states should adopt a functional definition of incapacity, require all proposed wards to undergo pre-hearing standardized evaluations for functional deficits, and fund pre-hearing examinations.

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35 Ariz. L. Rev. 739 (1993)

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Phillip Tor

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