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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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If my mother is declared incompetent can my father change their

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If my mother is declared incompetent can my father change their will?

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

If your mother is declared incompetent, your father cannot change her will. A spouse may not make a will for the other spouse. Your father may however change his will

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Do not click relist as it will delay my response.

Customer: replied 5 years ago.
Is there any way to change her will or her power of attorney, unfortunately they did not look over their will when it was made and the wrong person was named poa

Consider a petition to the Court for a conservatorship to be appointed for your mother. This will invalidate the current power of attorney.

I will explain

A conservatorship can be set up for a person that cannot take care of himself and/or his finances. In a conservatorship, the judge appoints another person (the conservator) to be in charge of the conservatee's care and/or finances.

You could petition the court to appoint either yourself or another family member to act as conservator. This would allow the conservator to make decisions for your mother.

Customer: replied 5 years ago.
Do I need a lawyer to petition the court or can I do this on my own and if I can do it on my own then how do I go about doing it?
Would be best to retain local counsel and have your counsel move for a hearing on the petition on an conservatorship. If this is not possible, you can go to the local law library and copy the form templates.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Ellen and 6 other Family Law Specialists are ready to help you

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