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Is a physician the only person that can declare my father incompetent?

My father can't remember recent events at all and is displaying lots of anger. His spending is out of control. Where do I go to have him diagnosed with dementia or incompetent? Who can declare him incompetent with dementia?
Status: Open    Nov 28, 2016 - 07:40 AM


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Dec 01, 2016 - 03:47 PM

It sounds like your father may need some help with his personal and financial affairs. If there is any chance he still has decision-making capacity, then you can have him sign a power of attorney that will give you the authority to make decisions and handle his assets on his behalf. From your description of him, it sounds like he may not have capacity. If that's the case, you will need to file a petition for guardianship and conservatorship to gain control over finances and medical decision-making.

The only person who can declare your father legally incompetent is a judge. However, if you file for a guardianship and conservatorship, the judge will take your father's physician's opinion into account in making the determination.

As a first step, I would recommend taking your father to the doctor to see what is going on medically. Once you have some medical information, you should then consult with an elder care attorney to determine the best way to proceed to protect his welfare and his assets.


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