My grandfather is worried about being declared incompetent or without legal capacity and believes that there needs to be a clause in his will that explains what the procedure would be to declare him as such. Is this true? What is the process that his POA would have to go through to declare him incompetent or without legal capacity?
Asked on 6/09/15, 6:46 pm
1 Answer from Attorneys
Anthony Smith
LawSmith
He can state the criteria in his poa document. However, it may not prevent someone from seeking an appointment as guardian and/ conservator through the probate court. You're grandfather needs to discuss this with his attorney very soon.
Good luck
Answered on 6/10/15, 3:30 am
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