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March 2007
 
     


 

Courts appoint Conservators only for incapacitated persons.

Typically in the Probate Department of the County involved.

 

(6) Who determines Capacity?


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As stated in the previous section, How is a Conservatorship established?, Courts appoint Conservators only for incapacitated persons. Thus, a Petitioner must establish the proposed Conservatee's incapacity and establish a connection between any alleged mental impairments and the Conservatee's actions. A specific form entitled "Capacity Declaration" must be completed and signed by a doctor and then filed with the Court.


 



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