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You don't declare it. The courts declare it. Be ready to prove it in a court of law and you are going to require some clear and convincing proof. Stop down at the County Courthouse and talk to the Surrogate's Court Clerk about filing a petition.

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12y ago
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14y ago

With great difficulty. You need to petition the court for power of attorney over your parents. The court will then assess competency from a variety of evidence. They will be particularly interested in medical records and witness testimony, if medically able the judge will want to address your parents-they have to be legally notified of such an hearing. The process varies from state to state and requires a substantial burden of proof. You would need to consult a lawyer because a judge will want all the evidence available.

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13y ago

First of all you must have "standing" in order to petition the court to declare the person incompetent (i.e.: are you the spouse, or next of kin, or even a family member?) Secondly, you will need to be able to present medical or psychiatric testimony (from a doctor or other "expert") in order to convince the judge that it is in the person's best interest to have their control of their life, liberties and/or freedom taken away.

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10y ago

You should consult an attorney concerning this.

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Q: How do you have an older person committed or declared incompetent?
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