On the topic of mental capability, I had left my H years before but the financial mess he made kept a divorce from being possible at the time. Well, when I finally got through one financial mess with him from 2100 miles away, I found that he had been living/paying all his bills with overdraft charges from the joint checking account we still had because of the financial situation with the IRS I was clearing up.

When I found that out, I called APS (adult protective services) about them providing him with conservator or at least a payee for his disability money. Their reply to me without giving any private details was that ANYONE who is capable of making decisions whether good or bad, it's their problem if the decisions & choices are bad & NO, they wouldn't provide any assistance to him to keep him from destroying himself.

He was always a looser when it came to finances, but when it finally came down to him having nothing but his disability, he had no capability of budgeting & spending responsibly.....but it's HIS PROBLEM.....he was deemed mentally capable of making decisions & if they were bad......that is his problem.

So just because you made some bad decisions when you were in that bad state doesn't make the determination that you are in any way mentally incapable.