? asked in 社會與文化語言 · 1 decade ago


It is not uncommon for courts to declare someone \"legally incompetent\". This does not mean that the person is stupid, but rather that the court believes that he is unable to make informed decisions and/or to communicate them to others. The judge then appoints a guardian to make decisions for this person. Usually this will be a close relative, like a spouse, parents, or children. But if no such person is available, or if the judge believes that none of the relatives have this person\'s best interests at heart, then someone else may be appointed: a social worker, a lawyer, etc. Children are routinely considered legally incompetent, and their parents are expected to make decisions for them. No one asks a two-year-old whether or not he wants to go to the dentist: that decision is normally made for him by his parents. A judge may conclude that a person is senile, mentally retarded, suffering from delusions, or has some other psychological problem that makes it impossible for him to make truly informed, rational decisions. If someone is in a coma or is otherwise so sick that she is unable to communicate, then even if she is capable of making informed decisions, there is no way for anyone else to know what her decisions are.When courts declare someone legally incompetent and appoint a guardian, any decisions that the guardian makes are, for legal purposes, considered to be decisions of the incompetent person. A little thought will show that this must be so for the system to work: there would be little point in saying that you are authorized to make decisions for this comatose person ... except that you do not have the authority to sign anything that would otherwise require his signature. That would exclude almost all important decisions. 老實說..超長的..所以我把它分成6篇



1 Answer

  • Rita
    Lv 4
    1 decade ago
    Favorite Answer

    對于法庭來說,宣佈某人"合法不能勝任"不是罕見的。 這不意味著人愚蠢, 而是法庭相信他不能做明智的決定和/或把他們傳達給其它人。 法官然後任命一個監護人為這個人做決定。 通常這將一近有關,象配偶一樣,父母,或者孩子。 但是如果如果法官相信那些親戚中的沒有一個內心裡有這個人的最大利益,無此人是可提供的, 然後其他人可能被任命︰ 一名社會工作者,一位律師,等等 孩子被通常考慮合法不能勝任,並且他們的父母預計為他們做決定。 沒有人問一兩歲是否他想要去看牙醫︰ 那個決定通常被他的父母為他而做。 一名法官可能斷定一個人衰老,智力遲鈍,受妄想之苦, 使不可能的一些其他心理問題適合他做忠實通知,合理的決定。 如果某人在昏厥裡,或者否則如此有病那個以致于她不能交流, 那么即使她能做明智的決定, 是不可能的適合其他任何人知道她決定are.When法庭宣佈某人合法不能勝任並且任命一監護人什麼, 監護人做的任何決定被為法律目的,考慮是不能勝任的人的決定。 一種很少的想法將顯示這必須為要營運的系統如此︰ 在說你有權限為這個昏迷人做決定過程中將有很少的點 ... 除了你沒有權力簽署以其他模式將需要他的簽名的任何事情。 那將排除幾乎所有重要的決定。

    Source(s): ~自己~
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