What do you do when you think your parent has lost mental capacity and you are concerned about someone taking advantage of them? First, you need your parent’s doctor to examine her to determine whether your parent is competent. The family doctor may refer her to a neurologist for further cognitive testing. If the doctor finds your parent to be incompetent, you need to be aware of the possibility that someone may try taking advantage of her.
If your parent receives a diagnosis indicating incapacity, even if it is only partial incapacity, find out whether she has a proper estate plan in place, including a financial power of attorney (POA) and an advanced healthcare directive. Contact the power of attorney agent, and make sure that person knows the issues you are observing with your parent – especially any concern about them being taken advantage of financially. If the power of attorney agent will not act to prevent misconduct toward your parents, go to the probate court in the county where your parents live and file a Petition for Guardianship and conservatorship for your incapacitated parent.
If your parent no longer has the mental capacity to handle her affairs and does not have a POA or an estate plan in place, act quickly to request guardianship and conservatorship for her. This will let you handle and protect her property and her medical care and living arrangements. Of course, this control is under the supervision of the probate court and is closely monitored. Act as soon as you notice problems with your parent. The longer you wait to remedy the situation, the harder it will be for you to recover any assets that might have been taken from her, and the more difficult it may be to watch over your parent’s needs.
At Hughes and Associates, we specialize in helping you protect your parents. Call us if you have questions about guardianships and conservatorships.
