Legal Question in Wills and Trusts in Pennsylvania
Competency
I live in Pennsylvania.
My wife and I own everything jointly
I want to obtain a home equity loan and also write a
Living Trust for Estate Planning.
My wife is not competent to sign anything for she has
Alzheimers.
How can I get legal authority to sign for her and myself for future legal/financial matters?
Please advise on all alternatives. Thank you for your
time and attention
1 Answer from Attorneys
Re: Competency
It is very important that people give a power of attorney to the person or persons they feel they can trust to handle their financial affairs in case of disability. However, a power of attorney can only be given if the person giving the power is competent.
After someone becomes incompetent only a court can grant such powers with an affidavit from a doctor stating that the person is incompetent. Testimony is required from the party seeking those powers and testimony is allowed from anyone who may challenge the person who is seeking the powers.
This type of proceeding is called a guardianship proceeding and is best done with the aid of counsel.
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