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Declared Incompetent/Getting Guardianship

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Junior Member
What is the name of your state (only U.S. law)? Ohio

I am seeking advice in getting my mother declared incompetent so we can get her a guardian (financial and health). She has really bad bi-polar, and she is also showing signs of dementia (he father also had it). I have taken the first step in calling her doctor and expressing my concerns that she is exhibiting dementia symptoms, they agreed and had me get her an appointment with the neurologist. I called to do that, and her neurologist said she already had an appointment set up, which she swears she did not have and did not make. But, her neurologist has referred her to a neuropsychiatrist to evaluate her, and we have an appointment for next month for the evaluation. But overall, the neurologist was concerned she was showing some signs of dementia, but that some symptoms could overlap being dementia symptoms, symptoms of her bi-polar being exacerbated, or both...thus why he's referred her to the neuropsychiatrist for evaluation.

She cannot manage hey money. Last Wednesday (a week ago), she had maybe $2 in her checking and was adamant that she was going to the gas station to pass a bad check to get some cigarettes. The only thing that stopped her was that her car would not start. A week later, today, she has already blown through her monthly income, and was wanting to go to the gas station to possibly pass a bad check...because she has no idea how much is in her account...to get cigarettes, and is mad at me because I would not take her. She got in inheritance on the 11th of July of about $12,000 from the last house her mother was sold. That is already gone, as well.

She cannot manage her health. She has already been dropped by one doctor for non compliance. She will make appointments and either forget about them or just not go. Sometimes she will cancel them. A few of her doctors have allowed me to help her with scheduling, even without a guardianship yet. She will also skip medications. She refuses to do anything to improve her health problems.

And these are just the tip of the ice berg. She also has severe memory problems, and is a danger driving (thank goodness her car won't work).

So, I know I need to file something with the probate court, but I am not sure what all to file, or how. I do not care if the guardian is someone else besides me, we just need to get her one...but I am the only one in the family willing and able to do so. She only has two other children. My sister hasn't had anything to do with her for awhile. And my brother is in jail, for life.

Any and all help will be appreciated. Also, someone said I would have to get some papers filled out by a doctor for the court. Where would I find these papers so I can take them to her screening at the neuropsychiatrist evaluation next month?


Senior Member
Adult Protective Services is a division of the Dept of Job and Family Services. Give them a call, tell them your story and ask for their advice. Of course there are attorneys who may help you, also. They'll be in the local phone book.

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