How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34279
Experience:  Attorney with 16 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My mother has many rapidly progressing symptoms of dementia

Customer Question

My mother has many rapidly progressing symptoms of dementia of some kind, she refuses to acknowledge it and is closing all family out of her life and when asked specific questions she delusional lies no adult would believe. How do I living in the state of Georgia pursue getting power of attorney over her finances when she refuses. I believe her children have to go to court and declare incompetent? How do i build that case in GA?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

If mother's illness has progressed to a point where she is not able to manage her affairs, then one of the children could file a petition for guardianship in the local probate court to have mother declared legally incompetent and have the petitioner appointed as guardian.

.

As part of the case, the petitioner would obtain medical testimony or records from her doctors stating that they feel that in their professional opinion, she is unable to manage her own affairs at this point and needs a guardian. The judge will appoint a "guardian ad litem" for mother who will represent her and compile his own report and there is also usually an independent investigator who prepares a report for the judge.

.

Assuming that her doctors agree that she needs a guardian, the judge should end up appointing the petitioner and then they can essentially take over the management of mother's financial and medical needs to ensure that she is properly taken care of.

.

However, this is not really something that a non attorney wants to undertake without the help of an experienced family law or elder law attorney.

.

.

thanks

Barrister

Customer: replied 1 year ago.
The doctor does agree however when she speaks with my mother, she denies anything I say happened, so the doctor has said her hands are tied until my mother admits she needs help because of Georgia state law. So, knowing I am going against my mother's wishes at this point is the difficulty. How do I accomplish protection for someone who will not admit she is losing it.?
Expert:  Barrister replied 1 year ago.

That is the issue here...if you are acting in mother's best interests, then the judge is going to see that even if she is fighting the guardianship. It is hard for a parent to acknowledge that their mental faculties are diminished and that they need to have someone put in charge of their life. So it is something that you may have to force on her because it is in her best interests. Right now she is a potential target for scammers or people who might want to take advantage of her because legally she could give away all her assets or allow someone to steal them and nothing would stop her.

.

But it doesn't matter if she contests it if the doctors agree that she needs a guardian, and any court investigation confirms it..

.

.

thanks

Barrister

Customer: replied 1 year ago.
My understanding from her doctor is that she will not go against my mother legally until my mom is willing to get care for her
problems which is not going to happen. The scary thing is my mom has broken the law by keeping a lease on a car that expired. She drove it for two months before they came and got it. i am unsure if they are pressing charges because they will not tell me. i guess my best bet is to go back to her physician and update her and get her to change her mind about helping me?
Expert:  Barrister replied 1 year ago.

Ok, then in a situation like this, it would require other independent doctors to review her medical records as part of any guardianship case and then interview her. So it can happen, it is just easier if her doctors agree to assist voluntarily.

.

So you don't necessarily have to have her doctor willing to help, as they can be bypassed if they refuse to do so and can also be subpoenaed in any case to testify under oath as to their medical opinion as to her mental status..

.

.

thanks

Barrister

Customer: replied 1 year ago.
ok thanks
Expert:  Barrister replied 1 year ago.

You are very welcome. It is a tough position to be in for you here, but it sounds like you are doing the right thing in trying to take care of her interests..

.

.

thanks

Barrister