When Is Someone Legally Incompetent?
What does it mean to have someone declared legally incompetent? And how does that happen, anyway? The concept of competence in the law is surprisingly confusing. Most people think they know how to judge that someone would be legally incompetent. Very often they are wrong. Incompetent, or incapacitated? First we have to deal with language. […]
Will Contests Must Be Based on Actual Evidence
APRIL 28, 2014 VOLUME 21 NUMBER 16 We have written before about the fact that, despite popular notions, will contests are actually quite rare. We have explained to our readers that mounting a will contest can be an expensive proposition, and that the likelihood of success is usually slight. Those observations remain true today, but […]
Court Annuls Marriage After Death of “Spouse”
JANUARY 20, 2014 VOLUME 21 NUMBER 3 Cynthia Madsen (not her real name) was, according to her doctor, already showing signs of dementia in 2007. In fact, her doctor wrote that she was not able to manage her own financial affairs. By mid-2009, her condition had worsened; her doctor wrote that she could not make […]
Can a Person With Dementia Sign Legal Documents?
FEBRUARY 25, 2013 VOLUME 20 NUMBER 8 Let’s get the answer to the question out of the way first, and then we can deal with more nuance. Yes, a person with dementia may be able to sign legal documents. The inability to sign documents (what is usually known in the law as “incompetence” or, sometimes, […]
Patient With Dementia May Have Authored Valid Will
NOVEMBER 7, 2011 VOLUME 18 NUMBER 38 A woman has been diagnosed as suffering from dementia of the Alzheimer’s type, and she resides in an assisted living facility. She has short-term memory loss, is frequently forgetful and has difficulty with tasks like playing cards and operating her television set. Can she sign a new will? […]
“Full Faith and Credit” Applies In Two-State Probate Actione
APRIL 5, 2004 VOLUME 11, NUMBER 40 A Florida court found Alvarado Kelly incompetent in 1960, and appointed a guardian to manage his property. Fifteen years later Mr. Kelly moved to a facility in Mississippi operated by Sarah Cuevas; he lived in that facility until his death twenty five years later. After his death Mr. […]
Appointment of “Next Friend” In Divorce Reversed on Appeal
DECEMBER 8, 2003 VOLUME 11, NUMBER 23 It is a common problem facing lawyers and litigants. What can be done if one of the parties to a lawsuit is a minor, or an incapacitated adult? Who makes decisions about the litigation if one party lacks legal capacity to handle their own financial and personal decisions? […]
Beneficiary Change Requires Higher Mental Capacity Level
MAY 26, 2003 VOLUME 10, NUMBER 47 An individual must be mentally competent before making a valid will, signing a contract or executing almost any legal document. Confusion often arises because the level of competence required may vary depending on what sort of document is being signed. Take the case of Agnes Marquis of Bangor, […]
