QUESTION
Can a lawyer execute a will for someone who was declared incompetent and placed under guardianship by the state of Pennsylvania?
Asked on Dec 17th, 2019 on Guardianship and Conservatorship - Ohio
More details to this question:
My husbands uncle declared guardianship over his father after a bad accident. Then after a big work comp check came the uncle had a will made for his dad declaring his the sole heir. Document was signed without permission from a judge or court. The lawyer decided he was of competence to sign.
1 ANSWER
2 Awards
A court, not your uncle, has the power to put someone under guardianship.
If you think the lawyer erred in finding your father-in-law competent to sign a Will, ask a physician to examine him. Note that the physician may find he cannot do so now but it may be difficult to determine whether he could have done so when he signed.
Answered on Dec 18th, 2019 at 5:20 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.