Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. Since you are saying that your mother has dementia and does not have the mental capacity to sign a Power of Attorney, she would be considered an alleged incapacitated person. An Incapacitated Person (AIP) is someone who needs some help to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court or County Court under Article 81 of the Mental Hygiene Law. This type of proceeding is brought on by filing an Order to Show Cause and Petition. Generally, it is best if a lawyer handles this kind of guardianship case. You can contact the Supreme Court or County Court in your county for more information. Or you may want to contact an attorney who could handle the matter for you.
Answered on Jul 07th, 2021 at 6:30 AM