In an elder case who determines when a person is not competent enough to make the right decisions?

I am in the care of a lady who Social Services is trying to say isn't capable of making the best decisions for herself. She is a little forgetful but by no means to the point of not knowing what's going on. Social Services is trying to get a family in with them to take over her wishes and declare her incompetent. I am in the process of getting a lawyer to try to help her. I also have recently gotten power of attorney over her. What will it take to get Social Services off our backs and let this lady live her life the way she wants? She has been taken advantage of by her son who had previous power of attorney and her money misused leaving her with some financial problems. I have gotten them under control now and have kept her at my house until this is settled. I also care for my mom who has been a long time friend of hers. Her family and DSS just want to put her in a nursing home and sell her house. She wants to live in her house. How can we get them to see she is alright?

Depending on your local state laws, a Judge will normally not declare someone incompetent without a psychological evaluation.

I would recommend finding a Psychologist to do your own evaluation showing she is competent.

Good luck.

P.S. - In court only the law comes first. If you can prove her competent with an expert witness, then the family and SS does not have a chance.

Only a judge who renders a court order...

Family always comes first.
Unless she can prove she is competent, the she is in the power of her immediate family.

"She has been taken advantage of by her son who had previous power of attorney and her money misused leaving her with some financial problems."
Nobody is perfect with money and unless you can prove negligence, then you don't have a case.

Are you at odds with the rest of the family? Is it only with the son?
If you don't have any of their respect, then you don't have a chance. Sorry,

I don't think you have the authority to decide if she's competent or not. Who's taken care of who? The first sentence says " I am in the care of a lady........." So is she taking care of you?? Or are you taking care of her?