TRY ME!
Legal Steps For Elder Care
Summary
Mikey is dealing with a challenging family situation involving his mothers declining mental and physical health. Legal steps in Ontario include requesting a capacity assessment, applying for guardianship, and considering Power of Attorney. Consulting healthcare professionals and legal experts can provide a comprehensive evaluation and necessary documentation to determine if full-time care or a nursing home is appropriate.Full Conversation
I want to know what I can legally do about the situation I'm dealing with right now at home with my mother and father.
Hi ****! It sounds like you're dealing with a family issue. Could you provide a bit more detail about the situation with your parents? This will help me give you more precise information.
My mother has been abusive for years. She used both my brother and I like slaves during our childhood. There used to be a lot of physical abuse as well but as I have grown up in to an adult that portion has decreased a lot. Recently my mom has become incompetent. She has fibromyalgia and so do I, but she is constantly making me do everything for her. She is incapable of doing quite literally anything - whether it be sending a text or sorting the mail, doing dishes, tidying up absoloutely nothing. She hasn't worked in * something years and lives off of my fathers support but is constantly plotting to sell our house and run away with the money. She will not do anything to maintain self-care or cleanliness but spends copious amounts of money on things like cars, and shopping trips.
****, it sounds like a difficult situation. Here are some steps you might consider:
- Capacity Assessment: In Ontario, you can request a capacity assessment to determine if your mother is capable of managing her property and personal care. This involves a healthcare professional evaluating her mental state.
- Power of Attorney: If the capacity assessment determines she’s not capable, you or another trusted family member can apply to become her Power of Attorney, giving you control over her finances and personal care.
- Guardianship: If she refuses a capacity assessment, you may apply to the court for guardianship. This is a more complex legal process but can provide a solution.
- Seek Counseling: Given the history of abuse and the current stress, consider counseling for your mental well-being.
Would you like more detailed information on any of these steps?
Ontario Court of Justice~
- Capacity Assessment: In Ontario, you can request a capacity assessment to determine if your mother is capable of managing her property and personal care. This involves a healthcare professional evaluating her mental state.
- Power of Attorney: If the capacity assessment determines she’s not capable, you or another trusted family member can apply to become her Power of Attorney, giving you control over her finances and personal care.
- Guardianship: If she refuses a capacity assessment, you may apply to the court for guardianship. This is a more complex legal process but can provide a solution.
- Seek Counseling: Given the history of abuse and the current stress, consider counseling for your mental well-being.
Would you like more detailed information on any of these steps?
Ontario Court of Justice~
Website: www.ontariocourts.ca
She has complete control over my dad's finances and she has tried to have control over my brother and I's as well, which is more difficult since we are adults and do not let her. She has developped a hoarding issue and I want to know if I can somehow have her marked as incompetent or senile so that way she no longer has full control over my families finances. Is there any way to prove that she cannot be entrusted with things like that legally?
****, it sounds like a very challenging situation. In Ontario, you can pursue several legal steps to address your concerns:
*. Capacity Assessment: Request a formal assessment of your mother's mental capacity by a healthcare professional.
*. Guardianship Application: Apply for guardianship of property or personal care through the Ontario Superior Court of Justice.
*. Power of Attorney: If your father is unable to manage his finances, you can seek to have a Power of Attorney appointed.
*. Capacity Assessment: Request a formal assessment of your mother's mental capacity by a healthcare professional.
*. Guardianship Application: Apply for guardianship of property or personal care through the Ontario Superior Court of Justice.
*. Power of Attorney: If your father is unable to manage his finances, you can seek to have a Power of Attorney appointed.
~Ontario Superior Court of Justice
Website: www.ontariocourts.ca/scj/
Would you like more detailed information on any of these steps?
Website: www.ontariocourts.ca/scj/
Would you like more detailed information on any of these steps?
hello?
Hi ****, I'm sorry to hear about the difficult situation you're facing. Here are some options you might consider in Ontario:
- Capacity Assessment: You can request a capacity assessment to determine if your mother is capable of managing her own finances and personal care.
- Guardianship Application: If she is found incapable, you can apply to become her legal guardian through the Ontario Superior Court of Justice.
- Power of Attorney: If she agrees, she can voluntarily sign a Power of Attorney for Personal Care and Property, designating someone else to manage her affairs.
Would you like more details on any of these options?
- Capacity Assessment: You can request a capacity assessment to determine if your mother is capable of managing her own finances and personal care.
- Guardianship Application: If she is found incapable, you can apply to become her legal guardian through the Ontario Superior Court of Justice.
- Power of Attorney: If she agrees, she can voluntarily sign a Power of Attorney for Personal Care and Property, designating someone else to manage her affairs.
Would you like more details on any of these options?
How do you make a person get a capacity assessment
To initiate a capacity assessment in Ontario, follow these steps:
*. Consult a Doctor: Speak with your mother's primary care physician about her behavior and your concerns. They can provide a referral for a capacity assessment.
*. Contact the Capacity Assessment Office: You can also reach out directly to the Capacity Assessment Office in Ontario for guidance and to arrange an assessment.
*. Legal Advice: Consult a lawyer specializing in elder law or estate law for more personalized advice and assistance.
Would you like more details on the legal process or help finding a lawyer?
*. Consult a Doctor: Speak with your mother's primary care physician about her behavior and your concerns. They can provide a referral for a capacity assessment.
*. Contact the Capacity Assessment Office: You can also reach out directly to the Capacity Assessment Office in Ontario for guidance and to arrange an assessment.
*. Legal Advice: Consult a lawyer specializing in elder law or estate law for more personalized advice and assistance.
Would you like more details on the legal process or help finding a lawyer?
is there any way to prove that she should be in maybe a nursing home or a full time care home?
Steps to Prove the Need for a Nursing Home or Full-Time Care Home:
*. Capacity Assessment:
- A thorough capacity assessment can help determine if your mother can make decisions about her care and finances.
*. Medical Evaluation:
- Consult with a geriatrician or another specialist who can provide a detailed medical evaluation of her physical and mental health.
*. Social Worker Evaluation:
- Engage a social worker to assess her daily living needs and the level of care required.
*. Legal Documentation:
- Document instances of neglect, financial mismanagement, and inability to perform daily tasks.
Would you like more information on how to initiate any of these steps?
*. Capacity Assessment:
- A thorough capacity assessment can help determine if your mother can make decisions about her care and finances.
*. Medical Evaluation:
- Consult with a geriatrician or another specialist who can provide a detailed medical evaluation of her physical and mental health.
*. Social Worker Evaluation:
- Engage a social worker to assess her daily living needs and the level of care required.
*. Legal Documentation:
- Document instances of neglect, financial mismanagement, and inability to perform daily tasks.
Would you like more information on how to initiate any of these steps?
Start a new chat