We are taking care of a distant relative who has dementia and is starting to get out of control.
He has been living with us for sometime now. He is my husband's father's uncle. We need to declare him incompetent and get power of attorney over him so we can place him with dementia patients. He is 86 years old and getting to out of control to stay with us anymore.
It is very likely that your husband will need to become your Uncle's Guardian if his dementia is at the point that he would be deemed legally incompetent. Presuming that your relative is in NC I would recommend that you contact an Elder Law Attorney in NC who handles Guardianship. The attorney will begin the process for you. Guardianship is procured over the person and/or the person's finances. The court will appoint a Guardian Ad Litem (GAL) to represent your Uncle's interests. If the Court deems that your Uncle needs a Guardian and that your husband is best person to handle this matter then he will likely be appointed as his Uncle's Guardian.
Powers of attorney are used when someone is still competent. In your case, it sounds like your relative is not competent, so you will need to seek guardianship of his person in order to place him in a home for dementia patients. If you also need control over his finances, you will seek guardianship of the estate, but be forewarned that this requires posting a bond and occasional reports to the court on how you are managing the estate.
You will need to file a Guardianship Proceeding, to have him declared incompetent, and then to have someone appointed as his Guardian of the Person or General Guardian, in order to do what you are stating. These are generally filed in the Clerk's office as a special proceeding. Consult with an attorney who is familiar with guardianship proceedings, and/or make an appointment with the clerk in your county (sometimes they will help you through the process). There are many time-sensitive pleading and notices that must be filed, so your best bet is to be represented by counsel, in order for you to have the best chance of success.
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It all begins with filing a petition for incompetence. You can actually get the form , prepare it, and file it yourself at this web address: http://nccourts.org/Forms/Documents/707.pdf It might help for you to speak with a NC licensed elder law attorney as they may have some invaluable guidance, but you can do it yourself. The heearing would be before the clerk of court who is the judge of probate. Your loved one would get a court appointed attorney (called a guardian ad litem). Your loved one would have to be served with the papers by the sheriff prior to the hearing. I hope this helps!
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