Legally Incompetent?

Hi there

I don't know if these two questions have ever been asked before....so, sorry if they have....

I have a friend who's twenty-three years old and moved out of her family's house and into mine. At first, everything was ok, but just recently they threatened that if she did not come back home that they would have her declared as being legally incompetent and force her to come back that way. Now, she isn't mentally ill, doesn't have any disabilities, and she's not living out on the streets...so my first question is, legally can they do that? And if so, how can those charges be fought?

Thanks for your time.

Two quick questions here..What state does both she and her family reside in? Has there ever been a documentable instance that would lead anyone to question her mental capabilities? At age 23, she is considered legally emancipated .. an adult .. and without some sort of prior history that can be clearly documented, I don't believe it's quite so simple as her family has led you to believe. (Unless, of course, there are prior instances you may not be aware of.)

**You can easily find out what your state's definition is regarding mental incompetence at any state health department web site or by contacting them directly. Having someone declared 'mentally unfit' or 'incompetent' isn't an easy or quick procedure. The perameters for becoming a legal guardian are even more stringent and complicated, and require a court's intervention. (Her parents don't automatically become her legal guardian; they must apply for guardianship, since she is of legal age.) Each state has its own definition of incompetency and again, each state has its own procedures .. If either you or your friend are truly that concerned, your state government's public web site and again, state mental health department are probably the best places to start researching. Again, good luck.**

First of all, in the interest of accuracy and by way of clarification, your friend is 23. This means she is an ADULT. She is not legally emancipated. The legal term emancipation refers to minors, not those who reach the age of majority.

Secondly, them attempting to have her return home is not a criminal matter. That means this effort is not, as a matter of law, a "charge to be fought".

It is extremely difficult to have someone declared incompetent. It takes extensive court hearings, substantive and extensive physical testing, mental evaluation, etc.

Perhaps most important is that YOU cannot force this friend to do something any more than her parents can. You cannot "return" her to her parents--you have no legal right.

I would, however, take into advisement that there may be issues of which you are not aware that could make you an unwitting party to something which you really want no part of.

Bottom line--regardless of what state you live in, parents of 23 year olds have no legal right to control their lives, unless, of course, the parents have been granted by a court some reason for doing so.