Can anyone tell me the procedure and necessary steps to having a parent delared incompetent? Our father has agreed this needs to be done, but we don't know how to take the first step??? Appreciate any help.
Tuglady53

Incompetent as in not able to handle their own affairs and needing someone else to function in a guardianship role to make decisions (finances, healthcare, etc.), or incompetent in your father's opinion to function as a parent?

If she needs adult protective services, start here to get help in evaluation and services:

http://www.tennessee.gov/humanserv/adfam/afs_aps.htm


If this involves functioning as a parent to a minor child, dad needs to take up the issue with family court if he's seeking to modify a custody or visitation order.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Incompetent as in not able to handle their own affairs and needing guardianship. Dad is writing his will and mother has first stages of alzheimers and would not be able handle affairs if he dies first.

Generally, this process would start by contacting the probate court in your county. You might get lucky and find that they have their information and forms available online - just search for your county name and the term "probate court guardianship". Typically, mom's physician would need to evaluate her and notate that her ability to manage her own affairs is questionable, an inventory of mom's assets would be taken, the intended guardian would swear to function in her best interest as conservator, to file an annual report about her status, etc.

You can see some samples of the various forms and requirements by looking at Davidson County's (Nashville's) process:

http://www.nashville.gov/circuit/pro...obateforms.asp

This is DEFINATELY something dad will want to consult an estate planning attorney about.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.