Q: Can a mentally incapacitated person be subject to depositions?
Does a mentally incapacitated person have the capacity to submit to a court order
A:
Whoever has been appointed as guardian of the incapacitated person needs to respond. Depending on the nature of the subpoena it MAY be appropriate for the 'incapacitated' person to be deposed. For example, if he/she were the victim of a crime, or eyewitness of a crime, it is VERY appropriate that they should testify if they are at all able. Just because someone is not fully capable of handling his or her own affairs doesn't mean they are 'immune' from such things!
If the subpoena is seeking complex legal or factual information that is beyond the person's capabilities however, there is a valid objection lurking and that needs to be asserted. Seek local legal advice if you are unclear as to what to do.
--This answer is offered for general information only, and does not constitute legal advice. I am licensed in Michigan only, and urge you to seek local legal representation if you need legal advice about a situation.
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