How do I prove my mother’s mental incompetence, get her a legal guardian and receive her power of attorney?

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How do I prove my mother’s mental incompetence, get her a legal guardian and receive her power of attorney?

Asked on December 23, 2012 under Estate Planning, Ohio

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Your approach will need to be to file for coservatorship of person and estate to have you appointed as her conservator. Obtain the assistance of a probate attorney who specializes in conservatorship proceeds; the paperwork is exacting and needs expertise of a conservatorship attorney; the attorney will need two to three medical declarations of incapacity of your mother to have a basis for filing the petition for conservatorship of your mother on your behalf. 


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