What steps must I take to have my Mom declared incompetent?

graciesgirl you are correct if the person is cooperative, but the question posted was based on refusal. I based my answer on the unwillingness of the mother.

Debralee, I was just told that if the neurology testing and the doctors say she is, and you take her to a lawyer and she signs documents saying she is incompetent, and passes responsibility to you, you can bypass court At least here is Georgia. That's our next step, and I hope she doesn't back out on me or I will be forced to take her to court for an incompetency hearing.

Either way, you have to get the ball rolling in the same direction and get her to a specialist. It takes months to get all this stuff done. My mom resisted signing at first but since she sat with drs and was explained what's going on, she's decided to cooperated with me. At least right now, I hope she doesn't change her mind before we get there. Just because someone is incompetent doesn't mean they don't have lucid moments to make the decision that their incompetent.

I thought a person's rights to decide due to incompetency could only be decided in a court of law. I understand you need two doctor's evaluation to show incompetence, but since when has a doctor's evaluation become law for the rights of a adult person to be taken away? A power of attorney agent cannot override the wishes of the principle due to incompetency unless the agent has guardianship of the principle. Only a court of law can establish guardianship, not a POA Instrument.

I'm in Wisconsin and that's exactly what I did. I talked to her primary doctor and he got another doctor to see her, as well. It was not difficult or at least it wasn't for me.

I think in most states it is required that the person be evaluated by two doctors, and given mental tests to see if the person is indeed incompetent. Does she have a primary care doctor that you could speak with, perhaps your mother has dementia, and is not mentally incompetent?