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What is the process to have my mother declared incompetent? She is 80 and believes she's been cured of her diabetes.

San Antonio, TX |

My mother has numerous health problems , such as high blood pressure , cholesterol and diabetes . She has not been diagnosed with dementia but her doctor put her on Avarice ; a medication that treats symptoms of Alzheimer's disease . We believe she stopped taking her Arithmetic and is now having delusions . She believes her doctor told her that she has been cured of diabetes and told her to throw away all her medicines . Now , she has a lump on her breast . At first she cooperated with the doctor and now she is refusing to take care of it . She is refusing any medical opinion , thinking they are only after her money . What can I do ? My family and I are at our wits end .

Attorney Answers 5


Your mother MAY BE a candidate for a guardianship. The only way to know is to take her to the doctor and ask them to assess her mental capacity. There is a Physician's Letter that you can take with you. If the doctor deems her incapaciated then you have growns to open a guardianship. If she has a medical power of attorney, they may be able to convenience her to get medical care but if she choses not to take care of her self and the treatment is life threatening then she might need a guardianship. I suggest you consult with an attorney the specializes in elderly law in your area. The link below will help you get started. This link is specifically for Tarrant County Courts, but the forms should work anywhere in the state. Good luck!

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You should contact an attorney in your area who handles guardianships. If your mother's physician agrees that she is incompetent, then you can file a petition with an appropriate court to have her declared legally incompetent. If the court approves the application, then the guardian will have legal authority to make decisions in the place of your mother.

Medical malpractice cases are complex and I believe that clients are best served by contacting an experienced medical malpractice attorney. After all, results matter! You are welcome to contact me at 281-580-8800 or This Avvo comment does not create an attorney-client relationship and is for informational purposes only.

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I agree with Mr. Painter.

Your post implicates probate law issues, so I have edited the practice area you selected accordingly.

I suggest that you consult a San Antonio lawyer who is certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. A link to the Board's website appears below.

I wish you and your mother good luck.

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You might find my website helpful, see link below. I think you need to immediately seek guardianship of the person.

There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

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I am sorry to hear about your situation. I am sure this entire ordeal is very stressful. I agree with the other answers. You may need to pursue guardianship of the person of your mother. If your mother has executed a statutory durable power of attorney and/or medical power of attorney, the named agent may be able to use those to take control of things. However, if your mom refuses to cooperte, you may have to pursue guardianship. Any interested person can initiate a guardianship, and there is also a procedure for court initiated guardianship. For guardianship you have to have clear and convincing evidence of incapacity, so getting a physician's letter that supports your position is critical. You need to consult an elder law attorney who can assess the case and determine if you have alternative options or whether you need to look at a guardianship.

Good Luck!
Jessica Newill
Newill Law Firm

This answer contains general information. None of the information contained in this communication is intended as legal advice. You should neither act nor refrain from acting based on information obtained from the exchange of messages on this website. None of the information contained in this answer is privileged or confidential. You should retain an attorney to provide legal advice regarding this issue. Newill Law Firm provides estate planning and probate services. Call (210) 383-0546 for a FREE initial consultation.

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