Q: My Mom is giving away her SS checks every month to a dating scam - how can I get her deemed unstable?
This has been going on for sometime and she will not listen to family. She believes he is real and will come and save her house. She stopped making payments and is now in foreclosure. She will not let anyone take over her money. She gets very angry if you try to ask to many questions or talk about taking over her finances. What can I do? I am at my wits end.
A:
Generally, you need to file an action in court to have your mother found mentally incompetent and to have the court appoint a legal guardian/conservator. However, the guardianship laws, requirements to be found mentally incompetent and the medical evidence required vary from state-to-state, so I recommend that you consult with an attorney that practices in the area where your mother lives since the court action will probably have to be filed in the county where your mother lives. You can also contact the local county bar association for the county where your mother resides and ask for a referral for an attorney
If someone is taking advantage of your mother, the state or county may also have a division or department that investigates elder abuse. You may also contact the local police department and if the police believe there is a possible criminal case, then the police might conduct their own investigation.
I note that I am familiar with filing guardianships in NJ only so there may be other legal options available that I am not aware of. As a practical matter though, you should be aware that if you have the situation investigated or pursue an action in court, this may worsen your relationship with your mother. An experienced attorney in the area should also be able to advise you about the emotional and personal consequences of taking action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
