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By: Scott Grossman on June 18th, 2018

Proving Your Loved One’s Mental Incompetence

When it comes to the administration of a trust, in most cases, the goal is to stay out of court. One of the best advantages of using a trust as part of an estate plan is that it may allow you to avoid the need for probate court oversight of the trust administration. That does not mean, however, that all trust administrations will not involve the court. If you have concerns about your loved one’s mental incompetence, even before he passes, it is important to seek immediate guidance. This may include getting involved with the court.

Four Types of Evidence That May Help Your Loved One’s Mental Incompetence Claim

Once you have determined that you need to pursue legal action in order to prove your loved one’s mental incompetence, it is important to start gathering evidence to support your claim. The types of evidence that best suit your claim may vary depending on each case’s unique facts and circumstances. However, the following are four examples of the type of evidence to look for:

  1. Statements from people who have known your loved one a long time and can describe the changes in behavior and thought processes.
  2. Medical records, test results, and the details of any diagnosis.
  3. Expert opinions from one or more licensed medical professionals.
  4. Statements from your loved one’s primary care physician.

If you believe that your loved one suffered from mental incompetence, it is important to seek guidance from an experienced legal professional. When you are ready to take the next steps, we are here to help. Contact us today for more information. Initiate an easy, live chat directly from our website.

Related Links:

How Incapacity Might Be Determined

Evidence of Mental Incompetence