Legal Question in Family Law in Maryland
Incompetency
My sister in law is about to lose her home to foreclosure. My brother died 2 years ago. She has never filed for SS for her 2 children who were 15 and 11 at the time. She has done nothing since but spend over $200,000 insurance and now has over $100,000 in credit card debt as well as losing the home. We have offered to buy the house to permit the children and her to have a roof over her head. We have tried to reason with her and have her own parents. She now states that she is ''waiting for word from Mark'' my dead brother before she does anything. She has made many, many irrational moves over the past several years and the children are aware of her instability. They appreciate what we are trying to do but are afraid to tell her for fear of what she may do to them. There is much, much more that I could relate but this does not permit me to do so. How difficult is it to have someone declared incompetent, have her committed so that she may get the help she obviously is in need of and/or to have her sign a power of attorney. Her own parents moved away from her long ago as did her other siblings. However, her father realize just how ill she truly is and has stated that he would finally take whatever steps to save the family & house.
1 Answer from Attorneys
Re: Incompetency
Incompetency for medical treatment requires the attestation of two treating physicians. The standard is whether the individual is at risk to themself or others.
Where the welfare of a child or abuse is suspected another course of action may lie.
Financial risks and neglect is an issue relating to her creditors. If you want to ensure that she retains assets that are best serving the children's needs then this is a matter that you may want to work with her to address. You should work with an attorney should you plan to take any action.
Should you need legal assistance with these matters, contact me at (410) 799-9002.
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