Legal Question in Family Law in Maryland
mental incompetence
As a preface, I am unsure I have the right area of law.
My friend has an unusual case. His older sister (in her twenties) was brain injured when very young, and lives in his family's house. Until now, his mother has been taking care of her. The daughter is a dependant, but has access to credit cards. Recently, the mother has begun to break down mentally (hallucinating, accusing the father of impossibilities, claiming to be current friends with long dead celebrities). Meanwhile, the daughter is ordering credit cards online and running up huge debt, but she is technically a dependant of the mother, who is unwilling to do anything about the problem. When my friend and his father cancel the credit cards, the daughter just orders new ones. My friend has power of attorney over his mother. What can he and his father do to prevent further incidents? (If it helps, they have documentation that the mother has signed documents under a name other than her own, because she believes she is married to a different man).
1 Answer from Attorneys
Re: mental incompetence
It sounds like a guardian is needed for both mother and daughter (guardianship of person and property). A power of attorney is very limited in terms of what can and cannot be done. If you need assistance in filing for appointment of a guardian, let us know. This is not an easy process to handle on your own as it does require submission of doctor's reports/affidavits/medical records and also testimonial evidence of the sorts of things you have described. Good luck!
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