Once you have been declared incompetent, it is a hard road (virtually impossible)toregain your rights. When you have been declared incompetent, you arestripped of all your rights. You no longer have right to your bank account ordetermine where you live. in thesurrogate court, you are referred to as “the estate of”. There may be a time a senior may become confused or disoriented if they suffered a stroke,post surgery anesthesia, destabilizing pain of shingles or even negative effects ofmedication. However if and when that person recovers, it would strongly appearthat everyone opposes that person’s efforts to regain their right to autonomy.In this instance, we had set up an appointment with an eminent Gerontologist, butwhen the Dependant adult requested a referral from her nsg. home physician,he responsd “But _____, you have frontal lobe dementia”. It took well over amonth to obtain the necessary referral even though previously she was toldshe by him and the the Public Guardian, she could not move out or regain rights,access to her monies, without apositive assessment.She ultimately was given a referral & obtained a verypositive assessment.The public advocate, the Office For the Public Guardian,has not calledorcongratulated her, nor have the Trustees of her monies.
For information please contact Elder Advocates Of Alberta SocietyEvery senior should be in attendance, this is a very prevalent problem.

September 4, 2006