How is Incapacity Determined?

How is Incapacity Determined?

How is Incapacity Determined?

A medical professional will evaluate you to determine if you lack the ability to make decisions in your best interests. This determination is usually tied to a diminished capacity to make decisions or physical limitations, such as a disability. The fact that you may make decisions that others may not agree with does not, in and of itself, prove a lack of capacity. In Ohio, the applicant (the person seeking the appointment of a Guardian) must prove by clear and convincing evidence that the ward lacks the capacity to make decisions and that a guardianship is the best and only option.

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