Full Answer
Q: My 87 year old father lives alone. His house has become increasingly dirty, but he refuses to get help, even though I’m sure he needs it. I’m worried that he’s becoming incompetent, but he doesn’t want to go see the doctor. What can I do? A : This position does come up a fair piece with aging parents and relatives.
If you feel being mom or dad’s legal guardian is in their best interests, you will first need to petition a court of law to have your parent (the “ward”) declared legally incompetent based on evidence that’s heard by a judge. How do you declare an elderly person incompetent?
If you feel being mom or dad’s legal guardian is in their best interests, you will first need to petition a court of law to have your parent (the “ward”) declared legally incompetent based on evidence that’s heard by a judge. How do you declare an elderly person incompetent?
A competent individual can establish power of attorney that becomes effective if he becomes mentally incapacitated. If your parent has named you the designated agent in his power of attorney, you might be able to assume legal control and make decisions for your parent. The type of POA determines how and if you are able to claim power of attorney.
The steps in declaring an individual as mentally incompetent are as follows: 1. File a form to declare a person as incompetent before the Probate Court having jurisdiction over the area where the subject of the petition resides. This form shall include an application to be declared as a court-appointed guardian. 2.
In the United States, competency involves the mental capacity of an individual in order to participate in a legal proceeding or his ability to exercise his liberty and pursue his interest. Competence also pertains to the capability of an individual’s state of mind to make decisions that involve his interests. ...
6. If the subject of the petition is an adult, the petitioner must contact the adult protective services which shall conduct an investigation. This is mandatory even if the petitioner does not seek to be appointed as a guardian.
In filing the petition, the aid of a mental health or guardianship lawyer is beneficial to the petitioner. The retained counsel shall assist the petitioner in the gathering of supporting documents or evidence to strengthen your petition. 3.
The posting of the bond is required for the purpose of protecting the property and other interests of the individual sought to be proclaimed as incompetent. 5. Petitioners may have some difficulty in looking for bonding companies or insurance companies that may post bond for him. This may be due to poor credit history or criminal history.
Competency is presumed unless there exists a reason to declare a person as mentally incompetent. There are several factors that would affect an individual’s competency to make a particular decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a Will. What’s the difference between the insanity ...
You can hire an attorney to commence a guardianship proceeding. The Judge will appoint an attorney to represent your parent and will appoint a Court Evaluator to interview you, your parent, and everyone else who may have significant knowledge about your parent's situation.
You can hire an attorney to commence a guardianship proceeding. The Judge will appoint an attorney to represent your parent and will appoint a Court Evaluator to interview you, your parent, and everyone else who may have significant knowledge about your parent's situation.
What about if one parent is caring for the other but the caregiver is really not competent to take care of that patient and does nothing that the doctor has said to do. The caregiver has alienated everyone from the patient and the patient has not improved at all, and now is not talking much.
My husband has Alzheimer's. When he asks about his mother and I tell him she has died he starts crying. Should I lie to him?
What are the legal issues surrounding a Durable Power of Attorney (DPOA) vs. a conservatorship?
When parents share joint legal custody, they should jointly make decisions about what is age appropriate but this does not include little things such as bed time. This is when co-parenting comes into play and you have to trust your co-parent is making appropriate decisions in their household. 2.
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit. Most cases where a parent is deemed unfit, Child Welfare Services has been involved ...
The purpose is to determine if allowing one or both parents custody is in the child’s best interest, or if the child’s health, safety, and welfare are at risk. The evaluator will consider the following ten factors when making a determination.
Most cases where a parent is deemed unfit, Child Welfare Services has been involved and there may be a safety plan or an open active investigation against the parent. During a divorce, parents might not agree on custody issues, or one parent might not trust the other with the children. On the order of a judge or at the request of a parent, ...
When the evaluation is complete, the evaluator will prepare a report for the court in making their decision. If either parent disagrees with the report, an opportunity will be provided to present objections to the court which may include testimony or evidence to the contrary.
Custody disputes can be the most challenging part of a divorce or breakup. Both parents will want as much time as possible with their child or children. When determining custody the court will always make a decision on what is in the child’s best interest. No parent is perfect so little imperfections will not strip a parent of their rights, ...
If Child Welfare Services has been involved in a parent’s household a lot, this could be a sign that custody needs to change. Child Welfare Services may have done a thorough investigation into a household to make a determination on whether abuse or neglect should be substantiated or not.
A valid power of attorney, however, must meet certain conditions. It should be drawn and signed when the principal is mentally competent and lucid. Typically, the principal must demonstrate his competence at time of signing, for the POA to be ruled valid.
If your loved-one’s competence comes and goes, you can still get a valid POA. Your parent can execute a power of attorney when competent. However, the law requires a statement from the physicians to verify the competence of the principal at the time of signing.