You Need a Probate Attorney for an Incapacitated Person’s Will

A will is a legally binding document that lays out what an individual wants others to do with their estate when they pass away. It should include any real estate they own and other property types. An incapacitated person should not sign a will because they are not strong enough to explain what they want. The person may suffer from Alzheimer’s or another condition that affects their facilities. Find out what incapacitated means in a will and what you can do about the will with a probate attorney.

Making a Will

Anyone who owns any type of property needs a will. Even if you are healthy, you never know what might happen tomorrow. A probate attorney in Las Vegas can help you create a will that meets all the state’s standards. Nevada only views a will as valid if the deceased was of sound mind and body when they drafted it. That person must also be at least 18 when they wrote it and both sign and date it. Nevada allows residents to leave property to anyone but requires that the will have two witness signatures.

What Is an Incapacitated Person?

An incapacitated person refers to anyone who has trouble making good decisions. Nevada courts consider minors who are under the age of 18 as incapacitated. The only way a minor can create a valid will is if they are emancipated from their parents. Incapacitated can also refer to people who cannot care for themselves. A good example is someone who is in a coma and cannot communicate. Those who have a caretaker who helps them may also qualify as incapacitated. This usually only happens if the caretaker controls the person’s total life and finances. When a court rules that an individual is incapacitated, it can appoint someone to act as the person’s guardian.

Appointing a Guardian

If you have a loved one who is incapacitated, speak to a probate attorney as soon as possible. You’ll want to find out how you can become their guardian and what you can do for them. The court will look for the best person for the job. If you live in a different state, the court may look for someone who lives closer unless you agree to move. While courts usually look for someone related to the incapacitated person, they can appoint a close friend to the position.

What Can Guardians Do?

Meeting with a firm that handles issues regarding guardianship in Las Vegas is helpful because you want to find out what you can and cannot do. A guardian has the legal right to use the individual’s finances to pay their bills. They can use a checking account to pay the mortgage as well as utility bills. Guardians can also use the funds to pay for the individual’s overall expenses, which might include doctor’s appointments, the food they eat, medications they take, and any health or beauty supplies they need as well as their clothing.

Guardians can also sell any property owned by the incapacitated person. Selling their home might be the only way they can afford the care they need in a nursing home. They can also arrange to sell the person’s business or any stocks and bonds they have. Most guardians also gain control of the person’s medical needs. They can give the final say on whether the individual undergoes surgery or another type of treatment. Guardians usually live with them but can live on their own.

Are There Things a Guardian Cannot Do?

Though the list of things guardians can do is quite long, there are some things they cannot do. One example is that they cannot legally make changes to the individual’s will. They cannot become the person’s power of attorney. This prevents the guardian from making decisions for their ward that go above what the court intended. Incapacitated people retain their right to vote unless the court strips it from them. A guardian cannot vote on behalf of their ward. If you think that a loved one’s guardian does things outside of what they can do, contact a probate lawyer.

How to Declare Someone Is Incapacitated

Estate planning lawyers in Las Vegas can help you go over the process of declaring someone as incapacitated. You need to apply to the court and submit proof that the person needs help. Asking for guardianship gives you control over their finances and other decisions when they can no longer make smart decisions on their own. The court will require that you meet with an expert who evaluates the person. They will ask a variety of questions and complete a form that states their beliefs.

You will also need to go to a competency hearing, which is easier with a probate attorney by your side. The judge will look at financial records and other documents you supply to make a legal decision. Once you become a guardian, you can decide whether to sell your loved one’s home or business and move them to a nursing home or care center. You also have the choice to live with your loved one and care for them yourself.

When to Consult a Probate Attorney

You should consult an estate planning attorney in Las Vegas as soon as possible if you worry that a person can no longer care for themselves. They can help you gather all the evidence you need for the court to declare them incapacitated. A probate lawyer can also help if you want to create a will that lays out your wishes if you become incapacitated. Your will can make it clear what you want your family to do with your property and whether you want someone specific to care for you. A will even allows you to name the nursing home where you want to live.

Probate lawyers can also help if a loved one passes away and you believe they were incapacitated when they drafted their will. You must make sure you have evidence that they did not have a sound mind or body. The evidence can include witness statements, hospital records, and financial statements. Anyone who believes that a person was incapacitated and unable to create their will can contest it in court.

Avoid Will Hassles

Avoiding will hassles is easy when you work with a probate attorney. They can help you draft a will and create wills for your loved ones. While an incapacitated person cannot legally create a will, others can file a will on their behalf. The right attorney will help you contest that will and can also assist you in becoming the guardian of another person.

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