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Re: mental defectives cant enter contracts

Posted by Deahoidar on June 10, 2016, at 14:16:49

In reply to Re: mental defectives cant enter contracts, posted by LostBoyinNC47 on May 26, 2016, at 15:00:04

Thanks for your posting those links. It took some searching but I was able to review the draft language and the statement of legislative intent. The articles posted were rather inflammatory and stretched the facts quite a bit.
Being adjudicated mentally incompetent IS a big deal and it's not so simple as reported.
Adjudication reflects that it must be determined by a judge and court, either criminal, civil, or administrative. Parties must be notified and present. Testimony and evidence are submitted and evaluated.
Having a mental illness or psychiatric disability is a long way away from being adjudged mentally incompetent. And keep in mind that someone may be found incompetent when they don't take their meds, but fully competent when they do. It's not a one-time determination, unless perhaps someone has something progressive and advanced like Alzheimer's and is completely confused and disoriented.
So it's not "Big Bad Government and Obama" out to label all mental illness disability patients as incompetent. It's just that the VA and SS will review their records for those patients that have their benefits handled by a custodian and if so, is it because of the requirements established by law. If so, it's forwarded to The Justice Dept., which will review all such cases and determine if a competency hearing is required.
In the overwhelming majority of cases, it won't be.


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