There is a state conservator application form. On it, there is short assessment area for a physician to sign, in essence evaluating competence. There is also a lengthier dementia-evaluation assessment. This is then submitted to the state and from there someone reviews it and determines the conservator. Others (ie. wife, family relations) are notified of the application and given the opportunity to give input and also apply to be conservator.
that true robert888 but they half to make sure that all tesst are done for the competency test if they pass 4 out of 5 and the dr says it then they will haave a hard time with it
If you are pursuing conservatorship which I gather is the same as guardianship in othe states, but often done on a local level through a trial at the county court house where the evidence for and against your parent's incompetence. If they are able to appear in court, they will nornally be there. This is an expensive and dissrupting route to go. Why exactly are you wanting your parent declared incompetent? Are you looking for this because you lack durable and medical POA?
I almost went this route when someone tried to get my mother to sign a promissary note for $40,000. I got a lawyer who told me that my mother would be just as protected against something like that if the doctor related to the nursing home and her long term neurologist would evaluate her and write up their conclusions on a noterized form. My mother knows she was evaluated by her doctors, but she's not aware exactly what it meant. However, I have the peace of mind that my durable and medical POA has a bit more strength for her protection with those two noterized documents. ,,,,
MY POINT EXACTLY CROW ITS IS VERY EXPENSVE TO DO ALL THIS I WENT THROUGH IT BUT IT WASNT BAD MY DAD COOPERATED BUT MY FAMILY??? OH BOY THAT WAS A DIFFERENT STORY I GOT D..P.O A. AND MED ON HIM HE KNEW THERE WAS SOMETHING WRONG BUT THEY COUNDNT ACCEPT IT
POOR SYSTEM - it's not cheap and easily becomes all consuming if anyone decides to contest it. Just to get a lawyer to help file is a few thousand dollars. Also quite inadequate when you're in different states. For example, a California conservatorship is just that, for California, but what happens if you're in Texas.
Anyway, I'm just providing the bit of info that I know, we need more details for better advice.
i dnt know how the laws are in any other state robert88...but i know here its very strict on the elderly ...but anyway crow i have been doing alot better my family lifted the suit on me they found very differentely of what has happen they are now talking to me of course i wont forget what they did to me.. but i guess they did what they had to do..and me i did what my father wanted me too...
Thanks for responses. I'm asking because we live in different states. Parent is living independently, diagnosed with alzhiemers, short term memory declining, will not take meds, letting bills go unpaid, lapse, etc, family has POA in place med/leg but we aren't sure if it can be used if the person is still not totally incapacitated. We don't want the situation to have to get that far, concerned for safety, welfare. Unable to provide care and moving not an option for us.
cdrscurry i think all states are the same if there is alz in this case then i suggest you get a lawyer and see what ur options are cause if you let it get worst (and it will) it will get to the point where you wont be able to do anything. it was easy for me cause my dad cooperated of course he wouldnt move out of his home and i didnt want that anyway he build his home for the family and he died in his home thats the way he wanted i abide some of his wishes and he understood some things but not all so i up and move in his home my family and i ..and trust me i caught HELL ..i do not regret taking care of my dad but i sure regret moving in his home with my family actung a ASS. about it (brothers and sisters) but i would check with a lawyer good luck my friend i hope everything goes well for you
http://www.courtinfo.ca.gov/selfhelp/seniors/consforms.htm
I almost went this route when someone tried to get my mother to sign a promissary note for $40,000. I got a lawyer who told me that my mother would be just as protected against something like that if the doctor related to the nursing home and her long term neurologist would evaluate her and write up their conclusions on a noterized form. My mother knows she was evaluated by her doctors, but she's not aware exactly what it meant. However, I have the peace of mind that my durable and medical POA has a bit more strength for her protection with those two noterized documents. ,,,,
Oh yeah, I forgot. It is expensive paying a lawyer and giong to court!
How have you been doing msdiva?
Anyway, I'm just providing the bit of info that I know, we need more details for better advice.
i think all states are the same if there is alz in this case then i suggest you get a lawyer and see what ur options are cause if you let it get worst (and it will) it will get to the point where you wont be able to do anything. it was easy for me cause my dad cooperated of course he wouldnt move out of his home and i didnt want that anyway he build his home for the family and he died in his home thats the way he wanted i abide some of his wishes and he understood some things but not all so i up and move in his home my family and i ..and trust me i caught HELL ..i do not regret taking care of my dad but i sure regret moving in his home with my family actung a ASS. about it (brothers and sisters) but i would check with a lawyer good luck my friend i hope everything goes well for you
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