QUESTION
Do I need to have my Mother declared incapable of handling her own affairs? She falls a lot & has the onset of dementia
Asked on Sep 19th, 2013 on Elder Law - Texas
More details to this question:
My Mother has been falling,and diagnosed with the onset of Dementia. She is in a care facility now,but wants out of there.For her own safety,she needs 24/7 assistance. I have financial power of attorney,but I want to know if we need a court declaration,or is the diagnosis of the Dr. sufficient.I think that she may want to get an attorney to get her out,but she can't take care of herself physically. And at times mentally.My Sister and I just want her to be taken care of. Mom will soon be 95
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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It is unclear whether your mother is allowing you and your sister to make decisions on her behalf, but if she is open to this, you may need a Medical Poewer of Attorney for her so that you can make decisions about her health and continued care. If she is unwilling to do this, you may need to consider a guardianship proceeding. This is a lengthy and expensive process, but it will essentially make you your mother's legally authorized care giver. For more information about guardianships, please go here: http://texasguardianship.org/guardianship-information/guardianship-basics/guardianship-process-2/
Answered on Sep 20th, 2013 at 12:58 PM