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What is the process to declare a person incompetent?

1 Answers. Asked on May 30th, 2016 on Elder Law - New York
More details to this question:
My Grampa is sick and in the hospital. because his girlfriend is keeping him as sick as she can, he is temporarily unable to make choices. She is using this to build a case to declare him incompetent. I need to help my Grampa.
Answers Showing 1 out of 1
Charles E. Lapp, III at Lapp & Lapp
Licenced in NY
Answered on May 31st, 2016 at 11:49 AM

The proceeding you need to initiate is a guardianship not and incomepetency proceeding. Your grandfather appears to be in need of help and the guardianship proceeding is the appropraite way to proceed. This office has handled many such proceedings on Long Island.

The proceeding is filed in the Supreme Court in the County where your grandfather is presently located. You tell the Court in the petition what problems your grandfather has and waht needs to be done; once the papers are filed, the Court appoints an independent person called a Court Evaluator to investigate and report back to the Court as to the matter; then the Judge holds a  hearing and takes testimony - where your gradrfather is to appear; if he cannot appera the Judge generally travels to the location where he is located, unless his personal apperance at the hearing would not accomplish anyhting, ie, the person is comatose and cannot respond to questions, etc.

The Judges usually prefer a family member to be the guardian of that individual.

Another step is to have the local county Adult Portective Services Unit investigate the matter to make sure your grandafther is not being abused.

If there is anything further required please contact this office. Good luck

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Elder Law
As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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