If one of your loved ones is acting out of the ordinary, is incapable of making decisions for himself or is mentally incompetent, you can seek guardianship over that person from the court.

If a guardianship action is filed, the court will appoint a committee of professionals to determine the mental capacity of the alleged incapacitated person. Having somebody declared incompetent affects a great deal of that person’s rights and it is not something the court does easily. Furthermore, it is important to be aware of the rights which will be taken away from the person if deemed incompetent, prior to filing a guardianship action.

As such, we would advise you to seek the advice of counsel prior to taking any further action. At Rooney & Rooney, P.A., we have several years of experience with guardianship actions.