When They Can’t Make Rational Decisions on Their own; 4 Ways to Assess a Person’s Level of Competency in Guardianship Matters


According to the dictionary, competency refers to one ability to do something successfully and efficiently. In other words, it can be termed as the ability of a person to engage in a certain task.

The matter of competency in guardianship cannot be taken lightly. The judicial has an upper hand in determining whether you are competent or not.  Moreover, a physician checks you to determine the level of that capacity. Physical and mental disorders cannot rend you as incapacitate.

A few test need to be done to free you from any allegations. It takes a legal system to ensure the choice of a correct person when it comes to guardianship.

There are several reasons that can result to guardianship such as:

  • Cases of abuse and neglect by a child parents.
  • Inability to take care of a child or an elderly person by family members.
  • Untimely demise of parents of a child.

Here are some of the scale of measurements to prove you are competent.

The Decision Making Ability

You should be able to make the right decision. During the presentation in a court of law, a small test is done. First, you are told something and asked to repeat after few minutes the information heard. You also need to make decisions concerning your health and seek clarifications in case of any doubts.

On the other hand, you can have a change of mind after deciding on something.  Doing this cannot declare you incompetent. You can seek services of a lawyers such as Suzanne R. Fanning, PLLC to represent you in a law court.

You Should Comprehend the Relevant Information

You need to understand the consequences of relevant information provided.  You should understand the nature of your illness and the treatment. In addition, you should also understand the various treatment alternatives and dangers of refusing a certain treatment.

Consistency and Firm in Choice Making

As a patient, you should be able to communicate any information in an understandable way.  Your desires and likes need to be straight. Your reasoning need to be clear and realistic.

What matters here is how you come to a decision, rather than the decision itself. A psychiatrist tests your behaviors and determines any abnormal behaviors such as hallucinations .You also undergo mental tests to rule out how you can manipulate data.

The Ability to Appreciate a Given Situation

First, you should appreciate and come to terms with consequences of a choice given, and the possible outcomes of a particular lifestyle. You need to understand what a certain illness entails. This process is more subjective rather than objective. You need to understand the results of your decisions and live without any regrets. Unfortunately, you get to undergo certain medical procedures that can render you paralyzed and worse can result to death. When you are able to come alive out of this, you are certainly considered competent.

Bottom Line

Determining competency at personal is a long judicial process. You requires courage, determination and ability to prove you’re capable. As much as it’s hectic, the end results is the one which matters.