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jb156200, Lawyer
Category: Family Law
Satisfied Customers: 268
Experience:  I am a licensed practicing attorney in Tampa, Florida.
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We have a problem. My Mother needs to be ruled mentally

Customer Question

We have a problem. My Mother needs to be ruled mentally incompetent and or committed for her own safety. She has been diagnosed with Alzheimer's and it has progressed to the point where there is a real element of urgancy. Please advise as to how to get this done.
Submitted: 1 year ago.
Category: Family Law
Expert:  jb156200 replied 1 year ago.

Hi. I am a licensed Florida attorney. In the state of Florida, you need to Petition the court to declare your mother incompetent. You file the petition in the county which is her permanent residence. If it is an emergency, you can go to the courthouse and tell the clerk of the court that the Incapacity proceedings need to be expedited because she is a possible harm to herself. Once the Petition is filed, then the court will send three experts to interview her. After their interview they will submit a report to the judge either recommending your mother to be declared incompetent or not. There will be a hearing and at the end of the hearing the judge will determine whether she is incompetent or not. If she is declared incompetent, then the court will appoint a guardian to make decisions on her behalf. The court appointed guardian is the individual with the authority to register her with an assisted living facility.

Does your mother have a Power of Attorney? If so, you may be able to avoid going to court to declare her incompetent. If she has named a Power of Attorney, usually all you need is a letter from two independent doctors stating she is incompetent. Once you have those two doctors letters, the Power of Attorney can admit her to an assisted living facility.

Please let me know if you need any clarification or additional information regarding this topic. I would greatly appreciate you rating my answer. Remember, you have two options...Option 1, she has a Power of Attorney and all you need is two doctors stating she is incompetent, or option 2, you have to file a Petition for Incapacity in the county where she lives, and have the court declare her incompetent.