Both parents are incapable of taking care of themselves? What now?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Both parents are incapable of taking care of themselves? What now?

Parents had strokes 13 months apart.
Still think they can make day to day
decisions. Father is impaired on left
side and has no sense of his own safety.
Mom is mentally not here. She will let
him try things to see if he can do it.
She is physically unable to help him.
Social workers at rehab tells me they
are both incompetent. What do I do now?
They have Wills and POA established but
Mom doesn’t want to give them up?

Asked on January 11, 2018 under Estate Planning, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can bring a legal action (i.e. a kind of lawsuit) to have them declared legally incompetent and to have a guardian (e.g. yourself) appointed to manage their affairs for them. There will have to be medical evidence (e.g. doctor reports, test results, and testimony) to prove their lack of competence. This is a complex acton to bring and it is NOT recommended that you try to do this yourself: if you wish to explore this course of action, consult with an elder law attorney.
Note that until and unless they are legally declared incompetent, they can manage their own affairs: only a legal declaration, and just their social workers' opinion, will take away their authority to manage their own lives and put someone else in charge of their finances and decision making.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption