Mental compentence

[stilen621]

What is the name of your state (only U.S. law)? My state is Oregon
Happened in North Carolina. Who actually can determine or has the final say so on whether a person with Dementia/Alzheimers is mentally compentent to change or have legal documents changed. If a person with such ailments changes important POA and trust documents after two seperate doctors say their incompetent to do so are the documents still legally binding ? Thanks

 

[Some Random Guy]

Who actually can determine or has the final say so on whether a person with Dementia/Alzheimers is mentally compentent...

The judge in the court case that will eventually be filed by the party that got shortchanged due to the new documents.

 

[stilen621]

I`m sure this will probably sound stupid and I`m not sure exactly how to ask. But what type of court filing would have to take place and if the person was found to be incompetent what would happen to all the documents that were changed ? I spoke to a lawyer in passing and he said not to worry that the new POA is basically void because of this. But no offense to any lawyers but whenever I hear "don`t worry" I worry.

 

[anteater]

I`m sure this will probably sound stupid and I`m not sure exactly how to ask. But what type of court filing would have to take place and if the person was found to be incompetent what would happen to all the documents that were changed ? I spoke to a lawyer in passing and he said not to worry that the new POA is basically void because of this. But no offense to any lawyers but whenever I hear "don`t worry" I worry.

Don't know the specific situation you are talking about, but...

As opposed to a will, which only becomes effective when the testator dies and where there are formalities for proving the validity of the will, a POA is essentially a private contract between the principal and the agent(s). State law provides a legal framework for the POA and a forum for resolving disputes, but there is no ongoing monitoring of the parties.

Yes, the POA may be void due to the principal's incompetence. But third parties rely upon that document if it meets the formalities. Third parties have no idea if the principal was legally competent. And a bad-acting agent can do damage that may not be recoverable.

Therefore, "It ain't void until the court says it is void." An interested party has to bring the matter before the court. Which court may vary by state. In many states, it is the same court that handles probate matters.

 

[stilen621]

Thank you both for your replies. I just wanted to add that I don`t think anyone is getting so called "screwed" at this point. It could possibly happen down the road perhaps. The one thing that bothers me is the person (brother) who had the documents changed recently tried to have my mom declared incompetent a few years ago, but now he says she is competent. Just seems she`s competent when if fits his needs. A lawyer was going to change the documents here but didn`t because he felt she wasn`t able to understand them. Go figuer huh ? Once again thanks.