Getting Guardianship Based on Mental Illness, Bipolar Disorder or Dementia

[julesarroyo]

The 75 year-old parent of a friend is living alone in PA and deteriorating. Two of the kids are in other states, and all agree that Dad is past the point of needing help, however the concern is that he has said he will sue them if they attempt it. How difficult is the process to obtain guardianship or conservatorship, and what resources are available to the family?

• He's litigious - he's started more than a dozen frivolous lawsuits against banks, service companies, etc.
• He writes bad checks, has ruined his good credit and doesn't accept responsibility for it.
• He let the insurance lapse on his cars and had a fender bender.
• He owns his home and has a decent retirement income but spends it on one-way tickets to far-away places where he gets stuck without money for food/shelter and calls his kids to buy him a ticket home.
• His water, electric, home and cell phones have been turned off due to non-payment.
• He says he is in the process of buying condos in a tropical paradise and ski resort and stocking them with furniture, yet asks for money to file lawsuits, and gas to get the car home when it runs out.

He has not been recently diagnosed; is it best to wait until he is arrested? I hate to even ask that, but he's not being compliant with his kids who simply want him to stay safe and take care of his financial obligations.

Thanks in advance for your advice and thoughts.

[Dogmatique]

He's legally entitled to make bad decisions and is not under any obligation to remain "compliant" with his kids - no matter what they want - right up until a court declares him incompetent.

No diagnosis means that there's very little chance the court will do so.

And unless he's a danger to himself or others, there's really no way to force him to go to a doctor for a diagnosis.

[LawResearcherMissy]

It's not easy, and will require the help of an attorney.

Your friend needs to read here and here, and discuss options with a local attorney.

[julesarroyo]

Thanks to both of you for the quick replies. Missy - good luck on the ride, I hear it's a crazy one!

[LawResearcherMissy]

Missy - good luck on the ride, I hear it's a crazy one!

Many thanks! It's my first, and training is causing pains in all the expected places.