Legal Question in Elder Law in Illinois

Mental incompetency of a parent

A pyschiatrist did a pyschometric exam on my father last week and found him to be mentally incompetent due to alcoholic dementia. Does that have to be pushed through the courts now (IL) to legally deem him as such or is he already legally mentally incompetent just based on the doctor's findings? Thank you. Cath


Asked on 12/22/07, 3:41 pm

2 Answers from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Mental incompetency of a parent

It would still have to go through the guardianship court to have him declared incompetent and have a legal guardian(s) appointed on his behalf.

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Answered on 12/22/07, 3:43 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Mental incompetency of a parent

Hi Cath:

Kind of Mixing Apples and Oranges here. Medical incompetency is not the same as legal incompetency.

If he is found to be medically incompetent, then a power of attorney might start working or it might not.

Or, you might now have grounds to open a guardians estate on his behalf, but he, or others could produce evidence to show that a guardianship is not needed.

You need to have the whole situation evaluated by an attorney.

check out my website - www.michelottilaw.com

email me if you have any questions - [email protected]

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Answered on 12/22/07, 5:15 pm


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