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Originally Posted by Hank Chinaski
Anyone with experience in having someone declared incompetent? My FIL is 94. We took his car keys away, telling him once he passes a driving ability test (we are told he won't) he can have them back. He lives in another state so we can't watch his every move. The wily old dog had a locksmith come and make a new one. I'm trying to talk to the assisted living village staff about it. They told my wife they can have a doctor sign a letter saying he is mentally incompetent to handle finances, then she can get control and sell the car.
That sounds harsh and complicated and pushing way to much on her. He still buys his groceries, as an example. But doesn't one have to go to a court of some kind to have em declared unfit? This is in Pa.
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Depends on the state. We* deal with this all the time. Here, there's a guardianship process to go through, in court. See
Here for info on that. You could go with a POA instead, where he would give her authority to make some decisions on his behalf without taking all of his rights away. In Texas, there are both Medical and Durable Powers of Attorney.
My 101 year old great aunt still drives herself to the Y every day for Tai Chi. I avoid that area of town around noon.
I'd get in touch with an elder law lawyer in PA and see if there's an intermediate step.
*One was just put on my desk this morning.
