Dear Inquirer: You must make application to the Probate court of the County in which the proposed incompetent individual resides. You will also be required to obtain an evaluation of the proposed incompetent by a qualified physician or psychiatrist, in order to satisfy the Court of the present condition of the incompetent. You will also be required to indicate to the court what arrangements are being made for the care and treratment of this individual.
Consult an experienced Attorney to assist and advise you. Good luck and God Bless.
Only a Judge can declare someone incompetent. A Petition is filed in the court that is designated in your state to hear issues regarding mental health. It can be the same court that hears petitions for guardianship and/or conservatorship because they usually go hand in hand. In most states it is the court that handles probate issues as well.
I would suggest that you seek legal help with all of this. You will probably need to present medical evidence, expert testimony (the doctors) and testomony from those who have observed the person's behaviour. Also any other evidence of their actions that are out of the ordinary for them is also a good idea. It is not an easy task and could take much effort. But if it is necessary then it is in the best interests of all involved.
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