Question: I am not sure if I need to deem my elderly mother incompitant. Financially she is just about broke, she allows other family members to take complete and total advantage of her. How can I stop her from losing all that she has - how can I stop family members from taking advantage of the elderly?? I have power of attorney should she become disabled and am also the executrix of her will. I don't think that will help at all - I need to know what I can do to protect her . Should I be suing family members for abuse -mentally, financially and physically to her property or should I deem her incompitent and take over her finances - that would enable me to demand rent from the squatters in her home - or just flat our remove them from her home. I have explained how she needs to serve notice to get them out and she doesn't do it - I believe that she is being bullied mentally and financially into doing what she is doing. How can I help - what can I do - what should I be doing??? HELP!!! Thank you Michelle Carlos
Country relating to Question: United States
State (if USA): New Jersey
Talking and reasoning - my mother seems easily stressed out and confused. She has asked these family member to leave at least 2x a year and they just bully her , ignore her requests, and treat her like a feable old woman. They continue to live there paying no rent - when my mother asks for money , they laugh at her and tell her that they don't have any and then use thier kids as an emotional hold on her. This has been going on for 14+ years. My mother is now 80 years old.
Dear JACUSTOMER - The only thing you can do is to file for a legal guardianship in the probate court in the county where she resides. You would not have the power to "deem her incompetent" since that is done by the court. So first you have to file an action in the court and then present evidence of her inability to function on her own and evidence of other people taking advantage of her. I'm not sure from your facts exactly what the other family members are doing but I assuming they are asking for money and she is giving it to them. Unless you have a general power of attorney you have no way of taking control of her finances so a guardianship is the last resort in order to stop the actions of the family members. Until your Mom is deemed by a court to be incompetent she is a legal adult and can make her own decisions as to her finances or anything else. I would suggest that you have her examined by a doctor who could testify in court as to her mental state since your word would not be enough for a court to make such a decision unless your Mom is so handicapped mentally that she cannot speak on her own behalf.
25 years practicing attorney
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