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kiernan30 Asked April 2013

Mother-in-law in hospital now and there is going to be a competency hearing tomorrow. What should we expect?

this is the second time this month we had to have her committed to the hosptial. she is diagnosed with bi polar, bouts of schizophrenia , bouts of severe depression, onset of dimentia and onset of alzhimers. we had to obtain a warrant from a judge this time to get her admitted. now they want to send her to the state hospital and there is a competency hearing tomorrow , and another hearing on monday to see if they will send her to better hosptial . what should we expect from the competency hearing ? and if not deemed incompetent (higly unlikely) but if they do will they send her home to live with us again or can she go home to florida where she will be livining on her own ?

CareMgr111 Apr 2013
If the Judge finds her competent based on information from her physicians, she is free to do as she pleases and live where is can and wants to. If she is charged with assault or other crime then her attorney may request a medical assessment to determine if she is a danger to others or self. If she found competent and charged with a crime the Judge will sentence accordingly. If from the assessment the physicians recommend that she be found incompetent by the Judge then she will need a guardian of person and estate. It sounds like you already have Power of Attorney or are her closest relative but she is not agreeing with care etc. Guardianship may have to be sought when a person is not able to care for themselves and due to physical limitations physicians say they need someone to help that person stay safe. Bottom line is if not found incompetent, a person makes their own choices and a Power of Attorney assists them to allow and accept the care needed.

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