Legal Question in Wills and Trusts in Kentucky
Signing A Will at Home by a Relative
My aunt wants to change her will and she is 92 years old. Her POA is one of her nieces. The POA's husband is also the attorney for my aunt. The POA is avoiding letting my Aunt change her will. Can my aunt's Sister-in-law and her daughter (another niece, all of them with the same last name) sign the will and, if so, should it be notarized? The POA took my aunt to the POA's doctor and told us that he says she is imcompetent to sign any legal documents now. She is not imcompetent. Can the POA do that without a judge declaring her incompetent?
If she signs this Will, which is formally typed, is it binding and will the persons witnessing her signature get into any legal trouble?
2 Answers from Attorneys
Re: Signing A Will at Home by a Relative
The reply from Ms. Hoeller is on point. I would add that under KY law the individual granting the POA may also nullify it. As a question has been raised as to your aunt's mental capacity, an individual evaluation by a neutral professional [a psychologist would be good] or her own physician would be in order. Also under KY law, a person is presumed competent until declared "legally incapacitated" by a jury in a guardianship proceeding. This presumption may be overcome by evidence to the contrary, i.e., irrational behavior, if there is a will contest.
Best wishes.
Re: Signing A Will at Home by a Relative
Your family is headed for a disaster. You should consult with an attorney as soon as possible. The witnesses should not be beneficiaries. Competency is the big issue and there may be a dispute once your Aunt passes. Perhaps your family would consider an Edlercare mediator to help resolve the issues now.
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