Legal Question in Elder Law in Michigan

deeming our mother incompetent

What are the steps to take in deeming our mother incompetent in taking care of her finances. She has mild dementia, and almost lost her house. She has gotten swindled over the phone and sent 5,000.00 one time, 3,000 another and the list goes on. She can't remember what she had for dinner the night before. Mom lives on a very limited income. After her bills are paid she clears 15.00 a week. She is not doing without anything yet she thinks were stealing her money. She has 5 kids all doing well and no one needs her money. One of her kids has been doing her finances for the last 3 years, again, after she gave money away. We all agreed it was time. Now all of a sudden she got extremely angry and said she will do her finances from now on. She depleted her bank account- savings and checking. She has an annuity about 40,000 for emergency only, an also to bury herself. Were afraid she will deplete this, pay the penalty then taxes and in the end have nothing. What can we do?

Asked on 8/19/08, 9:14 pm

1 Answer from Attorneys

Donald Nemec Law Office of Donald C. Nemec
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Re: deeming our mother incompetent

In order to appoint yourself or someone else as guardian of your mother (would be permitted to make decisions regarding medical care, finances, or both), you must file an application for appointment of guardianship and follow through with the proper court proceedings. It is best to hire an attorney to help you with this process. Any attorney's fees and other legal expenses incurred will most likely be reimbursed through your mother's estate. Shoot me an email or give me a call if you would like to discuss this further.

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8/20/08, 1:08 pm

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