I presently am completing full power of attorney over my Grandparents for health and finance. However, another family member is intentional fighting to try to get both of them as mentally incompetent. What precauciouns can be taken to have written documentation to have this disputed in case it ever makes it to a court hearing. Any recommendations to protect them from being forced to go into a nursing home as mentally incompetent? Thanks
David

I can certainly understand this is a frustrating situation for you. I do suggest you try to speak to an attorney to determine your legal options. You can find one here: http://www.lawinfo.com.

In the meantime, you can browse through information about guardianship over your grandparents in LawInfo's Free Legal Resource Center here:

http://resources.lawinfo.com/Search....teName:Federal.

http://resources.lawinfo.com/Search....rth%20Carolina

Good luck.

In general, competency evaluations often start with the five senses and body habitués.
Note this:
• Assessment of competence is based on capacity to understand basic information.
• Evidencing a choice
• Reasonable outcome of choice
• Choice based on rational reasons
• The ability to understand
• Actual understanding

Dear David,

Although I am not allowed to give specific legal advice in a forum setting, I can offer the following:

Incompetency of a person in North Carolina must be established through a special legal proceeding known as an Incompetency Proceeding, which culminates in a hearing before the Clerk of Superior Court in the county in which the person alleged to be incompetent resides.

There must be sufficient evidence of incompetency, and the court normally orders an evaluation by a mental health professional to be completed prior to the hearing, although the Clerk can order an emergency, temporary finding of incompetency if circumstances dictate, which must be followed by a full hearing within 45 days.

The person alleged to be incompetent is entitled to legal counsel, and the Clerk will appoint a "guardian ad litem" for the proceeding who will interview the alleged incompetent and report back to the Clerk his or her findings. The alleged incompetent may also hire his or her own independent legal counsel to represent him.

The hearing itself is conducted like a "trial" if the allegation of incompetency is contested, and the evidence which is introduced to attempt to prove incompetency can be countered with evidence that disproves incompetency. If the person (or organization - e.g., Department of Social Services) which filed the Incompetency Proceeding fails to meet the "burden of proof" required to prove the person incompetent fails to meet that burden, then the Clerk will dismiss the action and the person is presumed to be competent.

The advice and representation of an attorney experienced in such proceedings is highly advised.

Sincerely,