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Incompetent to make decisions

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lbb87

Member
What is the name of your state? Virginia


My father had a brain injury years ago and as a result is mentally disabled. He can pretty much function normally (with a few exceptions) and pass for normal but he's not exactly competent enough to make important and safe decisions.

According to his doctors, he has cognitive disorders, learning disabilities, and borderline intellectual functioning. His IQ is 75 which falls in the range of mental retardation and low average intelligence. People like that are not able to solve problems of moderate complexity by themselves.

My father is currently in a legal situation because he broke a zoning law. This has been going on for years but now he faces criminal charges and a $30,000 fine. My parents don't even make anywhere near that amount of money.

The problem that I see is that my father insists that he didn't break any laws even though I showed him the County zoning rules. It clearly states in there what a person is and isn't allowed to do, yet my father cannot understand that he is wrong. Everyone is telling him what he needs to do to end this legal situation without him going to jail and being fined. However, he refuses to do what anyone says because he strongly believes he is right and they are wrong.

I think the best way to describe the situation is with an example. Everyone knows what a dog is, it's one of the first things kids learn. If my father's mental disability causes him to think that a dog is actually a monkey, then no matter what you do or say he will think a dog is a monkey. You could show him pictures, articles, documents, etc. and he still wouldn't believe that a dog was really a dog.

That's sort of the problem in this legal situation. Something in his brain is causing him to believe what he wants to believe about the law even though everything and everyone is telling him he's wrong. He's delusional and there's no getting through to him. Other than that, he seems fairly normal. He can fix just about anything, he's a good mechanic, good carpenter, he can maneuver a large vehicle with no problems, and he knows a lot more about life situations than most people. But he's just not capable of making crucial decisions.

The thing I'm worried about with this legal situation is my mother. She disagrees with my father on this issue but there's nothing she can do. She doesn't want to leave him and honestly it would be nearly impossible at this time. But if my father is found guilty, my mother will be the one to suffer, not my father. Sure, he will go to jail but he doesn't seem to care. If my father is fined $30,000, it's not going to bother him, but it will affect my mother. My parents can't afford to pay that and it's not fair that my mother should have to.

No matter what happens, my mother will be the one who truly pays the price. She will be punished for a crime she didn't commit.

My father has a court appointed attorney and another court appointed attorney acting as a guardian. However, neither of these attorneys are very good and we don't trust them. It's almost as if they're conspiring with the county prosecutor. My parents can't afford to hire an attorney but don't qualify for any financial legal aid.

Is there anything that can be done so that my mother isn't the one to pay? It seems that if my father isn't competent enough to be making these decisions that something could be done. I think my mother is afraid to step forward and take action herself as my father gets very angry and could easily hurt her although he never has before. I'm sure though that if she or even me were to just make the decisions ourself that he would physically harm us. I'm tempted to ask to speak to the county prosecutor to ask for some other forms of punishment for my father so my mother won't be punished too.

It angers me that there doesn't seem to be anything anyone can do when a crazy man is going around making stupid decisions that affect other people. It's not right.What is the name of your state?
 


Litigation!

Senior Member
lbb87 said:
What is the name of your state? Virginia


My father had a brain injury years ago and as a result is mentally disabled. He can pretty much function normally (with a few exceptions) and pass for normal but he's not exactly competent enough to make important and safe decisions.

According to his doctors, he has cognitive disorders, learning disabilities, and borderline intellectual functioning. His IQ is 75 which falls in the range of mental retardation and low average intelligence. People like that are not able to solve problems of moderate complexity by themselves.

My father is currently in a legal situation because he broke a zoning law. This has been going on for years but now he faces criminal charges and a $30,000 fine. My parents don't even make anywhere near that amount of money.

The problem that I see is that my father insists that he didn't break any laws even though I showed him the County zoning rules. It clearly states in there what a person is and isn't allowed to do, yet my father cannot understand that he is wrong. Everyone is telling him what he needs to do to end this legal situation without him going to jail and being fined. However, he refuses to do what anyone says because he strongly believes he is right and they are wrong.

I think the best way to describe the situation is with an example. Everyone knows what a dog is, it's one of the first things kids learn. If my father's mental disability causes him to think that a dog is actually a monkey, then no matter what you do or say he will think a dog is a monkey. You could show him pictures, articles, documents, etc. and he still wouldn't believe that a dog was really a dog.

That's sort of the problem in this legal situation. Something in his brain is causing him to believe what he wants to believe about the law even though everything and everyone is telling him he's wrong. He's delusional and there's no getting through to him. Other than that, he seems fairly normal. He can fix just about anything, he's a good mechanic, good carpenter, he can maneuver a large vehicle with no problems, and he knows a lot more about life situations than most people. But he's just not capable of making crucial decisions.

The thing I'm worried about with this legal situation is my mother. She disagrees with my father on this issue but there's nothing she can do. She doesn't want to leave him and honestly it would be nearly impossible at this time. But if my father is found guilty, my mother will be the one to suffer, not my father. Sure, he will go to jail but he doesn't seem to care. If my father is fined $30,000, it's not going to bother him, but it will affect my mother. My parents can't afford to pay that and it's not fair that my mother should have to.

No matter what happens, my mother will be the one who truly pays the price. She will be punished for a crime she didn't commit.

My father has a court appointed attorney and another court appointed attorney acting as a guardian. However, neither of these attorneys are very good and we don't trust them. It's almost as if they're conspiring with the county prosecutor. My parents can't afford to hire an attorney but don't qualify for any financial legal aid.

Is there anything that can be done so that my mother isn't the one to pay? It seems that if my father isn't competent enough to be making these decisions that something could be done. I think my mother is afraid to step forward and take action herself as my father gets very angry and could easily hurt her although he never has before. I'm sure though that if she or even me were to just make the decisions ourself that he would physically harm us. I'm tempted to ask to speak to the county prosecutor to ask for some other forms of punishment for my father so my mother won't be punished too.

It angers me that there doesn't seem to be anything anyone can do when a crazy man is going around making stupid decisions that affect other people. It's not right.What is the name of your state?

My response:

"It angers me that there doesn't seem to be anything anyone can do when a crazy man is going around making stupid decisions that affect other people."

Yet, you sincerely believe that someone on the Internet is going to solve this problem. Okay . . .

IAAL
 

outonbail

Senior Member
I know of a person who was in a similar situation in Riverside county California. He had a business on his property even prior to the road which adjoined his land being paved.

The county told him he was no longer legally zoned to conduct his business on his property and that the time available for him to file the legal paperwork, which would protect him under the grandfather clause, had passed.

This ninety year old man, refused to believe the county was going to take everything he legally owned and worked for, doing the same thing at the same location his entire adult life. Which was literally worth, in the area of millions of dollars in land alone. He was wrong and they seized everything,,, he died less than thirty days later. I believe he woke up and finally came to realize that it had actually happened. The sad part is that this man could not read or write, yet the courts found him competent to understand what was happening. He also had the support of many citizens and his surrounding neighbors, which in the end, didn’t mean squat.

If at all possible, hide and/or protect your father & mother’s assets in any way you can. See if he can be found mentally unfit, or unable to look out for his own well being. Try to get power of attorney and look into every angle you can to save your parents assets. Or, expect to see them disappear in the near future.

By the time people learn that you really can’t fight city hall, it’s already too late. The only other suggestion would be if you or possibly a clergyman could sit down with your father and make him see what the whole situation is doing and will continue to do to your mother if he doesn’t give in. Maybe this will get through to him,,,, but it doesn’t sound like it.

Good luck
 

Ohiogal

Queen Bee
Outonbail, suggesting this man hide his parents assets is suggesting HE commit a crime. OP dont do that. Why don't you trust the attorneys your father has? Many public defenders are EXTREMELY competent and work hard for their clients but there is ony so much they can do and sometimes a plea bargain is the best avenue for all involved.
 

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