Legal Question in Elder Law in Colorado

Competitancy

A father has purchased property in Colorado and agreeded to have his son live on it. At the death of the father the property was to be transfered to the son. Now the father is threatening to sell the property and displace his son. Can the father be declared incompetitant if he is displaying irrational behavior?

--name removed---name removed--


Asked on 8/24/04, 8:35 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Competitancy

Please note, if the Father were to be declared "incompetent" his assets and property would propably be placed with an "uninterested" fiduciary (probably not the son) or sold to pay for the care of the father, until the assets and property no longer existed. The father would esssentially become a ward of the State.

Reccomend: Work out the differences (w/o state intervention) or have the son go his own way.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/25/04, 1:39 pm


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