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    • legal incapacitation
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Question from seminargalNov-4
How can a person protect themselves during a divorce proceeding with regards to legal incapacitation?  I have been diagnosed with lung cancer and my spouse has been able to file a temporary freeze of my assets and my business based on my diagnosis.

While I may be fighting cancer, I am mentally capable of operating my business and handling my financial matters.  How can I successfully argue against legal incapacitation?

I have been left without any financial means to provide for shelter or food. 


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pg1067 Nov-5 79016.2

"How can a person protect themselves during a divorce proceeding with regards to legal incapacitation?"

It's quite impossible to answer this without any context.  Most people are not at risk of being declared legally incompetent, so it's not an issue in most cases.

"How can I successfully argue against legal incapacitation?"

Absent knowledge of the applicable state law, and without knowing the legal basis on which the court granted "a temporary freeze of [your] assets and business," it's impossible to address this question.  Certainly, the mere fact that you were diagnosed with lung cancer does not make you legally incompetent, and it defies reason to think that a court might make such a ruling solely based on that fact.

You're going to need to consult with local counsel about this.

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