Find Senior Care (City or Zip)
Join Now Log In
C
carlacare Asked September 2016

What can I do when my mother has been declared incompetent and cannot sign POA?

She is getting private home care now, and after reading all information available do I have to got to the courts in her county;, or can I do this thru another county, but same state?

FeastOnAssets Sep 2016
when there is a court hearing, the eventual ward must be present unless they are not well enough to be there, My Mom was well enough and was not there.

FeastOnAssets Sep 2016
Unfortunately, my not so competent Brother had POA, messed all up, in short someone called DFS in FL, before I knew it, Mom was a ward of Legal Aid, I got Elder care involved, now I write the head judge in West Palm Beach, but have to call Senior Legal hotline or Fl Bar to get legal help, Elder Care can file the complaint, FL has many Guardianship scams, they fleece the seniors life assets.

ADVERTISEMENT


Llamalover47 Sep 2016
Retain an attorney

pamstegma Sep 2016
Who declared her incompetent? That's very important.

Pattimw5 Sep 2016
I just went thru this with my mother. Yes. You have to involve the courts who then have unbiased professionals assess the person. In this case they were able to see what I had seen So in Feb. 2016 I was granted guardianship Let me know if I can help in any way. I will tell you it was very hard watch

Dad_Was_Robbed Sep 2016
when my foster dad was seriously declining, I had to talk to APS who eventually intervened and at some point he was given a court appointed guardian. He was placed into a nursing home where he's now very combative. I was just not cut out to handle this kind of thing and I knew I needed help at a much earlier point. Had that help not happened, I would've been looking at things unfolding much differently because I would not have been able to care for him like someone who was trained specifically for this kind of thing.

tooyoung Sep 2016
I'm not sure what you mean by "declared incompetent." Being diagnosed with dementia is not necessarily the same as being incompetent. Don't know if it's the same everywhere, but in the state of Washington, they accept that a person with dementia can have moments of clarity. The difficult part is timing a moment of clarity with the notary appointment. Thank goodness for "showtiming," when people with dementia pull it together for short periods. My husband was able to do it, when he knew something was important. Now two years later he wouldn't be able to do it.

gladimhere Sep 2016
It has to be in her county. Good luck.

arianne777 Sep 2016
I'm not a lawyer, but I think all counties in one state would abide by the same regulations. See if there is free or low cost legal advice for elder affairs where you live. If it's not free, it's best to pay for legal advice to insure that everything is correct. In New York State I paid for legal advice when my father died suddenly and I became in charge of my mother, who had late stage Alzheimer's. I had to go before a judge.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter