Legal Question in Civil Litigation in Florida
Declaring Incompetence on a Non-Elderly Parent
My mother, 42 years old, is in major debt. She has various assets including residential and commercial properties. We do not know the extent of her debt as she is not telling us. She is emotionally, and perhaps mentally, unstable and we are wondering if we'd be able to use these claims in court to declare her financially incompetent if there is such a thing. We would like to gain control of her assets and debts and manage them for her, as she is irresponsible and could seriously harm our family's finances. I'm wondering if it is legally possible to transfer authority over her finances to one of her adult children without her consent.
2 Answers from Attorneys
Re: Declaring Incompetence on a Non-Elderly Parent
You should contact an attorney that focuses on Guardianships in the county where your mother lives. One of the first things you will need to do is file a Petition to Determine Mental Incapacity. A physician's report will need to accompany the Petition.
Re: Declaring Incompetence on a Non-Elderly Parent
Because you are in Louisiana, I am assuming that she is in Florida. The law governing this will be the law of her home state. Contact a lawyer in that state about what you can do.
In Louisiana it would be called an interdiction. I'm sure that there is a similar proceeding in Florida. The purpose of the action is to declare the adult incompetent to manage her affairs and place some other person usually a relative) in charge of her business.
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