QUESTION
what is the process by which an elderly parent is legally declared incompetent
Asked on Sep 05th, 2014 on Elder Law - California
More details to this question:
My mother has a living trust that makes me guardian in the event she is not capable of managing her affairs. She is in declining health but is reluctant to move into assisted living. She is making increasingly bad judgements about her health and safety. How is it determined when the line is crossed into outright incompetency - allowing me to take controll of her affairs?
1 ANSWER
2 Awards
Sometimes a trust will have a provision that explains what needs to be done to make the determination, but if it doesn't you may need to get a court to make that determination. If your mom is making bad judgments and you do not believe that she can properly handle her affairs you may want to consider filing for a conservatorship as well.
Thanks,Jon
Answered on Sep 05th, 2014 at 10:33 AM