What information do you need to prove a person is bot capable of caring for themselves?

Question

My Brother-in-law (in his 50's) doesn't take care of himself and has ended up in the hospital twice in two years with sezures, and this last time a collapsed lung. he doesn't take his meds, lives in a filthy house, and neglects his pets. I am looking for advice on how to go about having My Husband ( his brother) take over his power of attorney and make his decisions for him. He is not capable of doing these things on his own. Yet
no one seems to know any answers. We now have his Parrot
and need answers.

Forgot to mention. We are in Upstate New York in the USA

Answer 1

It depends where you live. Here in CA, it's about having the person "conserved". You can always call the police and ask them to do a "welfare check" on him, explain that he is ill and takes poor care of himself. Get enough of these on record, and the cops' reports, it will really help.

There is a good organization called Alliance for the Mentally Ill. Although you are not really talkng about mental illness, they know a lot about family getting involved in having someone conserved.

Answer 2

Do you know who his Doctor is? If so, make an appointment to go in and chat with him and advise him of the living conditions. That will probably start the wheels in motion and you will have to go from there with the assistance of a doctor and a lawyer. You can't declare him incapable , a qualified person in the field will have to do that.