Jul 08, 2015 - 04:01 PM
A mental incompetence declaration is not a legal distinction that a court takes lightly. The ruling places an adult under the guardianship of another, which is a very heavy responsibility. With all respect, are you certain of your dad's present condition, diagnosis and symptoms? I have residents in memory care right this minute who are very lively, can hold conversations and even have great reasoning capabilities who, nonetheless, are experiencing the symptoms of a progressive and invariably debilitating disease. I really would counsel you do some more research and give the benefit of the doubt to your siblings and the nurses charged with your dad's care before jumping the gun on moving him thousands of miles away. Remember, the mark of dementia is that "you can't remember that you don't remember," so if he is saying negative things over the phone from the other side of the country, you may be hearing the affects of the disease more than the actual situation. If you still feel that your father has been unjustly declared incompetent and should not be living where he is, I would advise you to consult with a local elder care attorney.