Mental compentancy and new trust

[Gibbler]

What is the name of your state?What is the name of your state?What is the name of your state? IL

If a couple in their 90's are in poor health and have compentancy issues (especially aunt who has dementia at times, ie is aware of actions sometimes but not others and sometimes hard to know if she understands what is going on) how valid is a new trust they are creating?
If their new lawyer and trustees of the trust are present for all changes being made, is that enough to show they are compentant to change things they had in a previous will? What is it that you legally have to have done to show that someone is MI or not?

 

[seniorjudge]

Q: If a couple in their 90's are in poor health and have compentancy issues (especially aunt who has dementia at times, ie is aware of actions sometimes but not others and sometimes hard to know if she understands what is going on) how valid is a new trust they are creating?

A: Based solely on these allegations, the new trust may not be valid.


Q: If their new lawyer and trustees of the trust are present for all changes being made, is that enough to show they are compentant to change things they had in a previous will?

A: No, but what does changing a trust have to do with what was in a previous will?


Q: What is it that you legally have to have done to show that someone is MI or not?

A: I would want two independent physicians' reports on the status of their competency both before and after the signing of the new trust.

 

[Gibbler]

IL

Thanks. On the second question, I worded it wrong. I meant they are changing things on a previous trust not will.

 

[Dandy Don]

Now your objective is to either pay for their competency tests or ask them or a physician to have the tests done but they (the seniors) may not agree to have the testing done.