Proving someone incompotent
I have a grandmother whom is 90 years old and can no longer care for herself. She needs to be in a care facility where she can get daily help. She has a lady who comes over everyday and is stealing her blind. Everyother day she changes who is the power of attorney on her estate because she gets mad at them. My mother can't get her to go willingly into care so we need to prove to the courts that she needs this help. How do we go about doing this?
1 Answer from Attorneys
Re: Proving someone incompotent
You do not say where your grandmother resides. State law controls in situations such as you describe. You need to check the statutes of the state in which your Grandmother resides to determine what is required to obtain guardianship or conservatorship and what evidence is required to show incompetency. If she lives in Colorado, you can go to the clerk of the district court in the county where she lives to get a packet of information containing forms and procedures. This information is also available on line through the Colorado Court web site. If she contests the appointment of a guardian or conservator, the Court may appoint an attorney to represent her and a medical evaluation of her competency will probably be required.
If someone is abusing her either physically or financially, you should contact the District Attorney in the county where she lives. Most jurisdictions have an elder abuse division which deal evaluate situations such as you describe and, if cause is found, prosecute those who take advantage of the elderly.
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