When does a mentally competent person need guardianship?

One is not legally incompetent until a court make that determination. For family and estate planning purposes, it is important to obtain a professional evaluation of the person's condition before determining that the person is mentally incompetent. If the person lacks the mental capacity to understand and to make rational decisions, one will need to apply for guardianship in order to have full legal authority to make business and health-care decisions to act on the person's behalf. However, a guardianship may not be necessary in all circumstances.

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