My mother had a heart attack and had a stent put in. Now her heart is not working properly and needs more tests and she thinks everyone is out to get

Asked on Jun 21st, 2016 on Elder Law - New York
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her. She keeps tells us that someone is trying to hurt her in the hospital. We are now staying with her. But she wants to go home ama against medical advise. and we are trying to get her to stay and do all testing that are necessary. please help.I believe she is incompetent to make any decsions
Answered on Jun 27th, 2016 at 6:46 AM
Has your mother previously designated you or another family member as a health care proxy? If so, you would want a medical determination that your mother is not competent, and then the agent would have legal authority to make medical decisions on her behalf. If there is no designated health care proxy, then your only option might be to file an Aritcle 81 Guardianship proceeding to have you or another family member appointed her legal Guardian by a judge.  
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