I live in Queens, New York. My mother owns the house we live in. It is a four family house, in which I live in one apt, my mother in another & my son and his family in another. My mother is 82 years old & a few years ago took out a $95,000 loan on the house to pay off some bills because she wasn't getting rent from my son & it put her in debt. Now she is getting herself back in dept because she still isn't getting any rent from him & now she is running up her credit card bill on her 13 year old dog. So far she owes $20,000 on one credit card & she just received another card with a $10,000 limit. She refuses to do anything to help herself. I have offered to be the bad guy, but she tells me she doesn't care if she loses the house she & my father worked so hard for & have owned since 1968. Is there a way I can get her declared incompetent, so that I can at least protect her and keep a roof over everyones head?
1 Answer from Attorneys
Based on the limited facts you present, the short answer is no. Financial naivete is not enough to declare someone incompetent through a judicial proceeding.
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