If a relative develops dementia or other condition that renders them?
I am NOT a lawyer, but getting someone declared incompetent so you can act on their behalf as a guardian or conservator is a legal proceeding that requires going to court in front of a judge. If I am not mistaken, and I may be, a lawyer can be appointed for the person who is the subject of the competency hearing and they can object to being declared incompetent. It is a complicated procedure, that can be time consuming and expensive if your relative decides to, or is able to, fight the process. It can also be very contentious and disrupt or divide families. The easiest thing for anyone to do is to appoint people in advance to be their legal, medical and financial representatives in the case that they cannot act or make decisions for themselves. Having a standing power of attorney with a trusted relative is a smart thing to have prepared in advance. We just went through this with my father. Unfortunately, the person he chose to act for him, was not able to do so either, but refused to acknowledge that fact. It was a long, bitter and truly unfortunate battle that ended only when my father died. There are no easy answers or good solutions and judges can be very unpredictable. I dont envy anyone who finds themselves in this situation. It is very difficult. Consult an attorney. Many eldercare attorneys will be happy to give you a brief outline over the phone which may help you make a decision as to which way you want to go. Good luck!