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As a result of the aging process, people face a greater risk of developing cognitive-related illnesses that can affect one’s competency. The question of competency will arise when the circumstances indicate that one party has an impaired ability to make or is unable to make reasonable decisions during a dissolution of marriage proceeding. If you have reason to believe there could be competency issues in your divorce proceeding, it would be prudent to discuss them with an attorney.
If competency is a concern, an attorney can help you procure a verification of competency, which involves obtaining both current and past medical history records as well as visiting a physician.
If the court finds that either party in a divorce proceeding lacks competence, there should be a discussion about whether that spouse needs the assistance of a guardian ad litem throughout the divorce. A guardian ad litem is a qualified person appointed by the court to advocate for the incompetent spouse and his or her best interests when that spouse cannot effectively advocate for him/herself.
When there has been a determination that one spouse lacks competency, non-parties such as adult children may weigh in with firsthand knowledge of their parent’s competency.