Legal Question in Family Law in Texas
What are a mentally incompent person's rights?
I have a very good friend who was shot in the head and declared incompetent. She is able to live on her own but she uses poor judgement and such. She has been placed in an elderly care home where the owner/operator is harrassing her and forcing her to get rid of her cat which has been her only companion since the shooting. She is wanting to move and stay with friends until the move. Does she have the right just to go and visit. What are her rights? Where do I find out about her rights? We, her friends, are very concerned and confused.
2 Answers from Attorneys
Re: What are a mentally incompent person's rights?
In addition to Ms. Brochstein's very good advice, check to see if your area has an elder care ombudsman. These are usually volunteers who act as a liason with the nursing home or assisted living center. They normally have a great deal of information about each home. Check with the Texas Atty General's office for a referral.
Re: What are a mentally incompent person's rights?
You probably need to consult with an attorney that does a lot of guardianship work. That area of the law falls under estate planning and not family law.
If she is incompetent, she is going to be treated as if she were a minor child.
Apparently she has a court appointed guardian that makes decisions for her.
You need to talk to her guardian.
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