If my mother has schizoaffective disorder and is living in her truck, legally what is the simplest way to get help for her?

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If my mother has schizoaffective disorder and is living in her truck, legally what is the simplest way to get help for her?

She is suffering from hallucinations, memory loss, mood swings, anger, etc. However when we get warrants to send her to the hospital she always refuses the medicine and hides her symptoms so that she can leave.

Asked on April 5, 2012 under Estate Planning, Texas

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 12 years ago | Contributor

Retain a family or elder care lawyer who deals with these type of situations to petition the court for legal guardianship/conservatorship.  Do this immediately.

DRichard White / MoKan Personal Injury Group

Answered 12 years ago | Contributor

People are considered mentally incompetent under law if they’re manifestly psychotic or otherwise of unsound mind, either sporadically or consistently, by reason of mental defect. These defects can include retardation, schizophrenia, Alzheimer’s disease, or other acute mental or physical problems such as epilepsy, which cause people to become clearly incapable of maintaining awareness of and responsibility for their actions. When a person becomes incapable of managing their own healthcare and daily needs, a loved one must often proceed through a court procedure to establish a guardianship and conservatorship. A guardianship allows an appointed individual to manage all decisions regarding the person. These needs can range from managing medical treatment and daily care to residence and other personal needs.  A conservatorship allows an appointed individual to manage all financial-related decisions of the individual. This may include issues such as public benefits, estate planning, litigation, and other matters involving the individual's income and assets.


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