A Durable Power of Attorney remains in effect even after the principal has become incapacitated. A General POA would expire.
Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.
An inability to contract related to a specific individual. For example, mental capacity, whether they are a minor or not, or intoxication.
The test that focuses on volitional incapacity is called the "insanity defense" or the "irresistible impulse test." It is used in legal proceedings to determine if a defendant lacked the ability to control their actions due to a mental disorder at the time the crime was committed.
You should discuss the situation with an attorney in your area who is familiar with real estate law and probate and family law. The person may need a guardian to help manage or the incapacity may be serious enough to obtain a court order that will extinguish the life estate.
A power of attorney grants the attorney-in-fact the power to act in your place as if you were doing whatever the power grants. A power can be durable - continues in effect if you become incompetent, springing - takes effect only if you become incompetent, limited - only authorizes acts related to one or a few things, such a care fir child place in the attorney-in-fact's custody, or a real estate transaction, or limited in time, such as when you are out of the country on vacation.
You probably mean 'marry a close relative'. The danger is that the children will suffer severe mental incapacity, they might be idiots in simple terms.
A person under care for mental health issues may not have legal capacity to execute a Power of Attorney. You should consult with an attorney. You may need to petition the court to be appointed the guardian.
Probably.
Contractual incapacity refers to a person's legal inability to enter into a binding contract. This can arise due to factors such as age (minors), mental incompetence, intoxication, or certain legal disabilities. Individuals deemed incapable of understanding the nature and consequences of their actions are protected from being held to agreements they cannot fully comprehend. Consequently, contracts entered into by such individuals may be void or voidable.
To declare someone mentally incompetent in Mississippi, a petition must be filed with the chancery court alleging the individual's incapacity. The court will appoint a committee of three individuals to evaluate the person's mental capacity. If the committee determines the person is incompetent, the court may appoint a guardian or conservator to make decisions on their behalf.
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You must arrange a consultation with an attorney who specializes in your type of case. The attorney must listen to your story, review your situation and explain your options, if any.