My uncle has stated that he is the Guardian of my grandmother and he had her declared incompetent. We can find no record of this and think he is just bullying us and her. Would there be any record at the courthouse that we could research on the internet since we are out of state? For more info on my situation, please see the HELP We just want her to visit posting in long distance care.

thanks!! Any advice or knowledge would be greatly appreciated.

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If a guardianship was actually filed for and approved and you are a relative, you are legally entitled to requet that you be provided with a copy of the papers. You did not mention what state you are in, however most states require all close relatives be notified in advance of the proceeding and given the opportunity to attend or respond.

The good news is, if he actually was appointed as a guardian, he has specific responsiblities which he must abide by. I suggest that you start by doing a little research on general law - you can call the local area council on aging for resouces. They can also point you in the direction of local legal aid - or elderlaw advisor.

good luck....

It depends on what state you live in. Generally, a Doctor (geriatric psychiatrist, for example) would have to examine your grandmother and if he or she finds grandma to be incapable of handling her affairs -- due to something like dementia for example, he would prepare a statement of expert evaluation to be filed with the court. This is usually at the request of a third party as folks that are incompetent don't usually 'see' it. Anyway -- the court then sends someone to interview the alleged incompetent and writes a report that is sent to the probate judge. Any relative living in the state can apply to be guardian of the alleged incompetent but no one is guardian unless the court declares the person incompetent. So -- if you look at the court website (if there is one) for the county/city in which your grandmother lives, you can search the probate court site for any filings. Without access to a website, call the clerk of courts in the city and ask for the probate court and inquire if there has been anything filed on behalf of your grandmother. Again, no one except the court -- with proof from a qualified physician can 'declare' anyone incompetent. Good luck.

It depends on what state you live in. Generally

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