Legal Question in Wills and Trusts in Alabama

competency

We have letter from doctors stating my dad is incompetent. I am petitioning the court for guardianship and conservator ship. My sister wants him to set up irreversible trust . Can my dad legally be competent to do this? He has alzheimer's.


Asked on 8/02/07, 8:36 am

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: competency

Generally-speaking, a person must have capacity to set up a living trust or a will. It is called "testamentary capacity" when talking about a will. Since a living trust is a contract, the person must have capacity sufficient to enter into contracts, arguably a higher degree of capacity than that for a will. I cannot imagine a lawyer drafting a trust knowing that there is an existing MD letter stating that your father lacks capacity.

William G Nolan

www.nolanelderlaw.com

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Answered on 8/02/07, 10:02 am


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