Mentally Incompetent Person Changes Will

[LYNN CASTRO]

in the 1970's my uncle was proven incompetent by the courts in new york state. my father had power of attorney to handle all of my uncle's finances. 1981 my father died and i was 22 yrs.old and went to court to get the poa for my uncle. the court decided to appoint a conservator. this lawyer handled my uncles money until he retired in 1995. a new lawyer took over then. in 1997 my uncle decided to change his will leaving everything to his friend. his original will left the family house to myself and my 5 brothers and sisters.
my question is if the courts found him incompetent to handle his finances. how can he change his will without going through the courts? he had his new conservator and the secretary as witnesses. please advise.

 

[ALawyer]

Your uncle may have been found incompetent in 1980 but that does NOT necessarily mean he remained incompetent nor that he lacked the capacity required to make a will in 1995. There are many recoveries and with modern drugs more and more of them. Also, the reasons he was maintained as incompetent and the nature of the disease are instructive.

This is a matter in which you would have the right to contest the new will and thus try to get the old one reinstated. Read the section on Wills and Probate on FreeAdvice and get a sense of the basis for attacking a will and the the tests courts use. Then get a lawyer to review the facts in this particular case.