Do I really need a neurologist or psychiatrist to deem my mom competent?

Thank you all so much and Thank you Aging Care this is the only place I have really gotten straight forward answers. :)

Thank you so much for this information, I was a little confused where I figured the Dr. who had been dealing with my mom, knew our history and although my mom does have some dementia and short term memory, I took it for granted that all concerned know how I feel about my moms well being. I have no problem at all getting her to see a Neurologist or Psychiatrist, I guess I felt time was of the essence since she lost her 4 other siblings all in 2015 and the last two sisters are leaving her part of a small estate. I just want my mom with me and she wants the same, I am the youngest and only daughter with 4 older brothers, I am living with my mom now, only because she does not want to live in my home. I just want her protected and that's all I want. Nothing more, Its so hard just to get her to a Dr. apt. I just wanted to get what I needed so I could move forward. Did not know it was so complicated because in my mind I am not scheming anything, don't need it nor want it. Just want my mom with me and as HAPPY AS CAN BE that's all!

In Utah I believe you also need 2 drs to deem incompetency and one must have psychiatric training. This was info given to me by my psych dr, as he does this kind of testing all the time.

A primary physician is not expert enough to determine competency. During the guardian hearing, however, the court evaluator will talk to the MD, to mom, to you and to all your siblings. You must all agree who will be the Guardian. That is the biggest roadblock. Often the parties do not agree. Work on that first. Been there. Done that.

Does your lawyer have some doubts about whether you mother is competent to issue a POA? It would be unethical/illegal for the lawyer to proceed without some confirmation that she is qualified to make these kinds of decisions.

I don't know whether psychiatrist or neurologist is the lawyer'w own rule or if it is law in your state, but there has to be convincing evidence that Mom understands what she is doing. This is for her protection and also to head off any claims in the future (for example, by relatives) that you exerted undue influence.

If Mom is deemed to be incompetent to make these kinds of decisions, then you could pursue guardianship.

Why do you object to having her seen by a specialist?