Hi:

I know I got in trouble a few years ago by asking some questions on this board that perhaps I shouldn't have. To that end, once again please accept my apology. However, I need some heads up information before I approach counsel to ask for help.

I am about to turn 48, my parents are in their mid 70's. I also have a marginally retarded younger sister who will be 37 very shortly as well. She doesn't need to be institutionalized but will never be able to completly care for herself.She has never held a full time job because of her inability to do so. Currently she still lives with my parents.

In 1987 my Mother purchased a townhouse with personal property funds as an investment, and to insure that my sister, and by extension me as her caretaker, would always have a place to live after her death. The problem is she never put any of this in writing. She does have a will. However, this document is very general, merely indicating that upon her death she has directed that all her assets be divided equally between me and my sister. As my Mother continued to age I asked her to have her will modified and that any changes be more specific. Naturally, this never happened.

Last summer my Mother had a stroke. While she recovered physically, the stroke has left her mentally unbalanced to the point that she appears, at least from a laymans point of view insane.

Lately, she has indicated that she wants to sell the townhouse. Now, you might be saying , its her property she can do with it as she wants. Yes, I agree, however, she is so rattled she won't remember the more important purpose of the purchase was to gurantee a place for my sister to live after my parents are both gone, and neither of my parents are mentally competent enough to handle the amount of money the sale of the property would generate.

But more important than that, my mother's mental condition is such that she needs to be declared mentally incompetent. For her own safety, and those of others. I truely believe that she is a threat to herself and others.

Now I presume that my Father, as long as he is alive, and my parents are still married would be the only person who has standing to go to court and get my Mother commited to get help. However,I know without asking him that he will refuse. He will refuse because he is in denial that anything is wrong with Mother mentally.In addition, my Father has his own mental  health issues.

Therefore, in the interest of possibly saving my Mother from at a minimum, doing something stupid such as sell the Townhouse,   squandering the proceeds,and leaving my sister holding the bag. To at worst, phyically harming herself, or others. How can I go around the issue of standing, and my Father if necessary and get my Mother committed? In addition, I need to block the sale of the property if she decides to try. I know, I would have to go to court. Will I require the assistance of counsel, or can this be done myself?

Any advice you can give me would be very much apreciated.
Please respond on the board, or at my email [email protected]  .  My pm is currently inoperative.

Thank you in advance.

Cliff