Cincinnati, OH asked in Family Law and Elder Law for Ohio

Q: How to have elderly parent who refuses medical treatment deemed incompetent but not apply for guardianship?

My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be responsible for every aspect of her life as well. What do I do?

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2 Lawyer Answers
Beverly A Stull
Beverly A Stull
Answered
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: There are organizations who can serve as guardians. Look on the Internet for those organizations which operate in Hamilton County.

Todd B. Kotler agrees with this answer

Todd B. Kotler
Todd B. Kotler
Answered
  • Estate Planning Lawyer
  • Canton, OH
  • Licensed in Ohio

A: The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no substitute for hiring a lawyer. Find an estate / elder law attorney in the county where your mother resides ASAP.

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