Legal Question in Family Law in New Jersey

''mentally diabled parent''

My step son is caring for his mother. she has had a nervous breakdown in past..and has through the years gotten progressively worse, but refuses to see a doctor..she is not mentally well. His father left the his part ownership of house to him and the other was his mothers...He has taken care of all financial responsibilities..But really cant afford to and his mom is not capable of helping..she is mentally disabled..What can he do to get power of attorney so that he can sell house and get something more affordable for all of them? He is now married with a baby and lives in basement with family..Mother doesnt have enough common sence to understand that a move needs to be made..She says she refuses to move, or sign to sell..or see a doctor..

What can he do? He just wants to sell home and buy a mother daughter style so they all can have room..Besides the home they are now in is costing alot to maintain because its breaking down...He has people in church and neighbors that can testify to her erradic behaviour. But nothing else to proof her insatability..Her break down was over 30yrs ago she had shock treatment over the loss of a baby..dont know if those records are available.

Appreciate your reply..thank you.


Asked on 3/22/02, 7:44 pm

2 Answers from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: ''mentally diabled parent''

She is probably legally incompetent. Hire an attorney to have you appointed guardian. The fees can be paid from the guardianship. You will then be able to take care of her business.

Read more
Answered on 3/22/02, 8:00 pm
Sanford Martin Martin Law Office

Re: ''mentally diabled parent''

Based on your information, it appears that he can petition a court to determine her mental incapacity and appoint him as guardian of her and her property. He should consult with a local attorney and may obtain information and advice from the local office of Children and Families, Elderly division or the Dept on Aging.

Read more
Answered on 3/22/02, 8:37 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey