Help me help my mom

[chrispell]

What is the name of your state? TN
My 63 year old mother is not mentally capable of taking care of herself. She has not worked much in her life, and is not eligable for social security. I want to have her declared incompetent, and sign her up for SSI. She has been homeless for many years, and will not try to do anything to help her situation. She showed up at my door 3 weeks ago. I told her yesterday that she had an appointment to see someone at legal aid today, so she left to flop with another relative until she gets kicked out again.
She has no money at all, but if she had a hundred dollars, she would buy some Xanex and go gambling. She hasnt paid a bill ever that I know of, and never worries about tomorrow.
I do not have the money to hire an attorney to help have her declared incapable of taking care of herself.
What, if any, are my options?

 

[seniorjudge]

There is such a thing as an involuntary guardianship/conservatorship, but it doesn't sound like your ma would put up with that.

If you would bring such an action and she testified that there was nothing wrong with her; she's just a party girl...then what would your evidence be to prove she cannot take care of herself to the point of being dangerous to herself?

 

[chrispell]

Thank You

Thanks for your reply. The fact of the matter is that she is not a danger to herself, but is a burden on the family. When she visits, people know to hide ANY prescription drugs, including antibiotics. She is definately a hypocondriac, but has some legetimate health issues. If I got others to testify to theese facts, would I even have a chance of having her declared incompetent?

 

[seniorjudge]

Thanks for your reply. The fact of the matter is that she is not a danger to herself, but is a burden on the family. When she visits, people know to hide ANY prescription drugs, including antibiotics. She is definately a hypocondriac, but has some legetimate health issues. If I got others to testify to theese facts, would I even have a chance of having her declared incompetent?

http://www.uslegalforms.com/lawdigest/legal-definitions.php/US/US-INCOMPETENT-PERSONS.htm

The general rule is that a person is declared incompetent and in need of protection because he is a danger to himself.

If you think you can prove that and if you think a doctor (maybe two) will testify to that, then you may have a chance.

Right now, all you have said is that she is a major pain. I've got relatives like that myself so I sympathize.

 

[violas]

I don't think you will be able to prove that she is incompetent. I did have a friend who was a drunk and homeless. He told me that he pretended to be suicidal so he could be admitted to the hospital. While he was at the psych hospital he got in contact with a social worker and is now receiving SSI and has his own apartment. Perhaps you can contact social services in your areas and see what they suggest. Good luck.