Legal Question in Elder Law in Texas

Declaration of Incompetence

My mother is a seventy year old alcoholic.She recently was laid off from her job because she is getting forgetful.Now she spends all day doing nothing, she has lost a lot of weight, smokes and drinks all day, and complains of depression and fatigue.She refuses to go to the doctor, and claims only to want to curl up and die.I am long distance and cannot leave my own children, but want her to get some help. How can I make her see a doctor to try to get some of her health back? Is the only way to force her to take care of this alcohol problem to have her committed to a rehab program? What is involved with such an action? Would I have to have her declared mentally incompetent? Please tell me there is another way.


Asked on 7/06/05, 8:33 pm

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Re: Declaration of Incompetence

The first thing you may want to do is call Elderly Protective Services and explain the situation. They may go out to the house and see your mother. They may also assign a case worker to monitor her situation and put services in place. If a conservator should be appointed to handle your mother's affairs, Elderly Protective Services may make application to the probate court in the city or town where your mother lives. I don't know what city or town your mother lives in but I am sure you can find the phone number online.

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Answered on 7/07/05, 12:30 pm


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