Guardianship & Mental Incapacitation

[Rosie4268]

Hello,

I may be starting on a path of attaining Guardianship of my mother due to the onset of alcohol dementia. I know that the first steps are to obtain enough evidence for a lawyer to file a claim with the court and then to have the court appoint a doctor to evaluate her. My understanding is that the standards by which the doctor determines incapacity are pretty high (or low depending on how you look at it).

Here's my question: What specifically are the standards that meet the definition of "mentally incapacitated"? I'm sure each state is different...I'd just like to have a general checklist so I know when I'm approaching the right time to proceed. (I don't believe she is right now, but I don't know how she'll be months or years from now).

Thanks!
Ginger

 

[NY_Shark]

Your best option here is to have your mother grant you power of attorney before she DOES become mentally incapacitated.

Mentally incapacitated basically means someone who is unable to enter into contracts. For example, a 10 year old is "mentally incapacitated" because he cannot understand contract terms. So basically, anyone you can think of whose contract would be thrown out of court is mentally incapacitated.