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Old 08-31-2010, 12:42 PM   #1
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Legal Question

Does anyone know when a person is considered legally incompetent when they have Alzheimers. My mother re-did her will 1 ½ years ago when she was most likely in the early stages of dementia. She now has cancer and some of her children are having issues with her new will. Just so everyone knows, the new will is more fair to all the children than the previous one.

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Old 08-31-2010, 02:28 PM   #2
Martha H
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Re: Legal Question

In this country no one is seen as incompetent unless declared so by a judge. Those who think she should be declared incompetent will have to hire a lawyer and go to court with their evidence and see if a judge agrees.

If all the childlren agree that the new will is fair, why don't they leave it alone? Is there one who disagrees? Then he or she has to prove that she is incompetent now. BUT, it is not retroactive to an old will. I think the person has no chance, but he can ask a lawyer.


Old 08-31-2010, 09:57 PM   #3
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Re: Legal Question

I agree with Martha.... it takes a court order to declare somebody incompetent. Even in the later stages the most we have done is declare Mom incapable of handling her own financial affairs which is very different from from being incompetent.

We had much the same problem with Dad's will. Mom had the wills redone at a point where she was in the early stages of Alz and Dad had mid stage Vascular Dementia. There were some problems with the new will. Yet when the lawyer saw both wills, knowing of Mom's early stage alz and Dad's dementia, we HAD to use the most current will. Through family agreement we should be able to "fixed" the problems.

I can only assume that the children that got less in the new will are not happy with the equity in the new will. Each state is a bit different but they could protest the will and hang it up in legal proceedings but I don't think they would do anything but make life miserable. Usually the judge will go with the final word of the person writing their own will

Hopefully this helps... and good luck. Family squabbles are not fun

Love, deb

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