Legal Question in Family Law in Florida

declaring mother imcompetent

i have and older sister who my mom and I dont trust where she is concerned.My mom is 77 and has beginning Alhemizer's.I have been her sole caretaker for the last year,she has not spoken to my sister for a year.About a month ago Children and Family Service showed up to invesitgate elder abuse,claiming I was taking advantage of my mother which was unfounded and case closed.We suspected my sister.Today her Doctor stated four times she should go to assisted living ctr.I noticed a envelope marked confidential on her file.With the HIPPA laws I know the doc cant talk to my sister but she could send him a letter.All mysister is concerned about is my moms money which is considerable.I am afraid she will try and have her declared incompetant and have her put in a home.My mom wants to take her off of her will etc which I have discouraged.But how do I protect my mom from my greedy sister.I would not put anything past my sister when it comes to money.She is ruthless.I just want to protect my mother from her.Yes mom's memory is failing but she is far from assisted living type set up.If it comes to that she can hire someone to live with her or I'll move in.How can I protect my mother????


Asked on 5/04/04, 9:22 pm

1 Answer from Attorneys
Stephen Holman Stephen Holman P.A.

Re: declaring mother imcompetent

You need to go ahead and get a good guardianship attorney to help you get appointed as your mother's guardian of person and property while you are the primary one caring for your mother. Your mother does not have to be totally incompetent to establish a guardianship. Our firm does not do guardianships but we are involved in some guardianship litigation. Good luck, don't wait too long since if your mother is still able to testify the court would look to her preference first.

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Answered on 5/06/04, 10:41 am


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