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My evil sibling is trying to declare my mother incompetent. In the meantime, she is the interim guardian, inflicting abuse on my and my mother. She isolates my mother and will not let me visit and now she has prohibited phone calls to my mother. IN my last phone call to my mother on the 15th she was very depressed and sounded over medicated. In addition while under the interim guardian's care, she has had one fall where she broke her shoulder and another fall where she hit her head. The judge has yet to make a decision, it has been over two weeks. In the meantime mother;s health is deteriorating. Local DSS has been notified but they can't comment. This is going nowhere. Any ideas for help? She has a guardian ad litem, who has been notified with no help there either. Isolating my mother from people that she loves is wrong wrong wrong.

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My sister did an exparte hearing, I was not notified. I am my mother's conservator, but my sister wanting to take control, went to court house and started this mess. She got to claim interim guardian and my mother's choices were ignored. My mother's condition has gone downhill in 8 weeks and I have been blocked. I doubt the police will get involved but I could try that route. I wish the judge would make a decision so that this could move along. If my sister is chosen guardian I will appeal. I will look for more agencies to call, but there are few.
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NancyH I think it works like this. When someone is declared incompetent, it means they can no longer make decisions on their own behalf, Incapable of doing so, legally, financially, medically. If there are no legal documents in order to do this and legally act as a responsible party on their behalf. The next step is guardianship, and if the court can't find a Guardian for these purposes and this means, a trustworthy person who acting only in the sole benefit of the person declared incompetent. If their is no such person that is willing and capable and that can do this and has proven to be fit for the duty by a court of law. Than the court has the authority after "incompetency is ruled" to either appoint a fit guardian, or the person becomes a ward of the state. Which means the state is the Guardian.
To sum it up someone needs to be able to care for a person and bills need to get paid.... the Guardian has to be appointed so the person is not neglected and treated as if they could do so themselves, with a right of their quality of life to remain.
I learned this through my own witness but I did not need to go through it all myself.
You can look up the definitions of incompetency and guardianship.
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alabamzspitfire Your concerns should not be taken lightly. If I were you I would call hotlines in reference to your Mom's situation. Senior Services, Social Security, Local Police, I am not sure if it applies to in-home care, but there is the Ombudsman Act that protects seniors abused by caregivers, look it up on the web.
Speaking from a caregivers point of view .... are you sure this is abuse or is your Mother having behavioral health issues that you can't understand. My Mother was telling police I was beating her when I was doing such a great job careing for her that I looked like the abused one. Thank god the police were aware of her history and understood her behavior was an illness.
My sister said one day after spending only a few hours with my Mom that my Mom was telling her I was doing all sorts of horrible things to her. Then I said to my sister , well you should hear what she tells me about you!!! ?Then I explained to my sister she has been diagnosed with dementia "HELLO" ... Do you really think I have been killing kittens??? I can't even kill a spider.
These are the reason's why the law is careful about how to handle situations such as this. I am not saying this is your Mom's or sisters issue. Make sure your sister is being abusive and not that she's is in real need of help or understanding from others.
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I don't understand WHY the very person that is trying to get their parent declared incompetent, is the ONE that has guardianship? Who decided on that scenario?
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