I hold a Durable Power of Attorney (NYS) on my elderly mom with Vascular Dementia (diagnosed verbally anyway by her PCP & Neurologist, but nothing down on paper yet).
My mom was involved in a personal injury lawsuit “before” her symptoms of dementia surfaced. Now that she does have symptoms of dementia (prior TIA’s and Strokes I believe is the cause) I do not want her going through the stress & anxiety of a legal deposition and/or trial witness and sitting in a room with lawyers for over two hours. I know that this will hurt her case but I don’t want to risk her health or lying under oath (maybe not purposefully lying but just not aware of her reasoning).
How can I get my mom declared as an incompetent witness with filing for Guardianship in a court if I already hold a Durable Power of Attorney with a large range of responsibilities.