My mother ahs no recollection of foods nor memories longer than 5 minutes. How do I get her certified incompetent. My sister is stealing everything from her including her food stamps.
As ek said you can go the guardianship route, but it can be cumbersome and then there is the court reporting requirement of how you spend her funds. Family needs to present a united front at the guardianship hearings too...so if Sissy shows up & contests you, it will be a problem.
If you should have any issues - like you have a really bad credit report or you or your hubby have past legal issues (bankruptcy, outstanding citations, old felonies) then you are probably not going to get guardianship. What the judge will likely do - if he feels there might be an issue with your suitability - is to award the state temporary guardianship of your mom. She would then become a "ward of the state" with a state appointed and fully vetted guardian appointed for her. and you would have to repetition for future guardianship.
What would be easier is to become mom's DPOA & MPOA, if she at all can appear to be competent and cognitive, she can sign off the legal for the POA's. You need an attorney to do the paperwork so that it fits whatever legal is required in your state. As ek said, your area office on aging can help you find legal.
My husband and I went through this with his Mom. Contact the area office on aging and ask them for guidance. Has your Mom been diagnosed with dementia by a physician? That's a good place to start. People are declared "incapacitated" (they dont' call it incompetent anymore) by a judge. You will need to file a petition for a hearing with the court asking it to declare her incapacitated and appoint you as her guardian. It's best to get an eldercare attorney to help you with this. We found ours through the area office on aging. The doctor who diagnoses her acts as the indepedent expert who can attest to her condition. People who have observed her behavior (family, friends) tesify in court as to what they've seen. Family members can contest your petition, fyi. This site has great articles on guardianship. You can find them by using the search box at the top of the page. Good luck.
If you should have any issues - like you have a really bad credit report or you or your hubby have past legal issues (bankruptcy, outstanding citations, old felonies) then you are probably not going to get guardianship. What the judge will likely do - if he feels there might be an issue with your suitability - is to award the state temporary guardianship of your mom. She would then become a "ward of the state" with a state appointed and fully vetted guardian appointed for her. and you would have to repetition for future guardianship.
What would be easier is to become mom's DPOA & MPOA, if she at all can appear to be competent and cognitive, she can sign off the legal for the POA's.
You need an attorney to do the paperwork so that it fits whatever legal is required in your state. As ek said, your area office on aging can help you find legal.