My my wife most likely has vascular dementia following the stroke 6 years ago she is all the symptoms she also is in total denial or less than any reasoning I can't tell a lot of hurtful stories family also is in denial she's also not getting any care broke her hip are you different opinions from different lawyers any advice welcome
1. You will need letters from your wife's MD, who knows her well, and from a consult with a neuro-psyc MD who does a thorough exam; BOTH of these MDs, stipulating that your wife is no longer competent in judgement, in her own safety, in care needs and etc will be crucial to present to the judge through your attorney.
2. If other family members stand to say they know your wife well and have daily contact with you, and that she is competent mentally to control her own life decisions this will weigh in your wife's favor if she is fighting guardianship. The courts are loathe to take a competent citizen's rights from him/her.
3. If your wife has her own attorney, which she will have offered to her, and this attorney presents his own examining doctors opinions that your wife is competent, then you are unlikely to win guardianship. Courts are loathe to take a citizen's rights from him/her.
4. If your wife stands at court docket to defend herself, and the judge finds her competent in answers to him/her, you are unlikely to win guardianship. Courts are loathe to take a citizen's right from him/her.
Good luck. I am certain that any attorney explained this to you.
You may also be helped by:
1. Any police reports
2. Any social worker evaluations
3. Any visiting APS evaluations.
That said, I’ve learned from a friend’s experience with his mom that it can feel overwhelming and even get messy when family members are in denial. The judge usually looks at medical evidence, your testimony, and sometimes expert opinions to decide. If different lawyers are giving you mixed messages, you may want to find one who specializes in elder law and has done a lot of Section 81 cases — experience makes a big difference.
You’re not alone in this. It’s hard when love for someone and the legal system collide, but guardianship has helped families in similar situations finally get their loved one the care they need.