When Can Someone Be Declared Legally Incompetent in Alabama?

Many people lead long, healthy lives and retain their mental faculties throughout. However, many others suffer from age-related cognitive decline, Alzheimer’s, or similar issues. These conditions tend to develop gradually, so it can be challenging to determine whether a loved one fully understands their actions. You might wonder, When can someone be declared legally incompetent in Alabama?

In the world of estate planning, questions of mental competence often arise when an heir or other interested party alleges that the deceased person executed a will or other legal document while unable to fully understand their actions.

If you suspect that a loved one was unable to understand what they were doing when creating a legal document, you may challenge their mental capacity in court. If the court declares them legally incompetent, the document may be voided.

When Do Allegations of Mental Incompetence Arise?

Understanding Signs of Possible Incompetence

Most allegations of mental incompetence arise after the testator’s death. That’s because family members and other loved ones might not realize the full extent of cognitive impairment until they see a will or other estate planning document written out. These are some of the factors that often lead to claims of mental incompetence:

Unusual Provisions in the Will

If someone’s cognitive impairment is severe enough, they may amend their will to include nonsensical or strange provisions. For instance, if a testator wills property to someone already deceased or suddenly decides to leave money to a charity whose mission they oppose, that may be a sign of mental incapacity.

Disinheriting Loved Ones for No Apparent Reason

In a similar vein, someone suffering from significant cognitive decline might suddenly cut loved ones out of the will with no clear reason why.

Possible Undue Influence

Concerned family members may contest a will based on undue influence or mental incapacity, but often they go hand in hand. A common example of this is when an elderly person marries someone much younger and then disinherits their children to leave everything to the spouse.

Proving Mental Incompetence in Alabama

Using Evidence to Paint a Picture

If someone challenges a will, trust, or other document while the testator is still alive, an experienced psychiatrist may be able to evaluate them. The psychiatrist can then tell the court whether they believe the testator is competent or not.

Unfortunately, wills, trusts, and other documents are often challenged after the testator or grantor has died. In this situation, a concerned party might use certain types of evidence to prove mental incompetence.

Testimony From Loved Ones

Testimony from those who lived with or spent significant time with the deceased can shed light on their mental state. If the deceased seemed to have trouble managing daily life tasks or seemed confused about the creation of their will, it might suggest that they could not fully understand what they were doing.

Medical Records

Medical records are often the most important evidence for determining whether a testator was of sound mind when creating a will or other document. If medical records show a diagnosis of Alzheimer’s disease (or a similar condition) and indicate that it was progressing, that may support the argument that the deceased was incapable of understanding what they were doing.

Are you concerned about a late loved one’s legal competence? Call Southern Estate Lawyers at (251) 444-7000 to set up a consultation.

Communication Records

Depending on the extent of the deceased’s cognitive decline or incapacity, emails, text messages, and other communications sent around the time they created the will or trust might be helpful. If the deceased was sending nonsensical messages at that time, it may indicate that they did not have all of their mental faculties — and that the will, trust, or other document should be declared invalid.

Expert Witness Testimony

Unless someone is already very familiar with Alzheimer’s or age-related cognitive decline, they might not understand how the deceased’s medical records, behaviors, and communications show their incompetence. For that reason, it’s sometimes helpful to have a physician or other expert in the subject interpret the evidence given and explain how it shows the deceased was not fully competent.

How the Court Decides Whether Someone Was Mentally Incompetent

The court will weigh the evidence presented to determine whether it believes the testator or grantor was mentally incompetent at the time they created the will, trust, or other legal document.

Contrary to what many people believe, a grantor or testator won’t be deemed mentally incompetent simply because their cognition has become impaired. Instead, the court looks for evidence of testamentary capacity — the mental capacity needed to make a valid will. To have testamentary capacity, a person must understand the following:

• The types of property they own
• Who would inherit that property if there were no will
• Who their will is leaving property to.

The testator also must be able to connect all of these elements to create a cohesive estate plan.

What Happens if the Court Finds the Testator Was Mentally Incompetent?

If the court rules that the testator or grantor was mentally incompetent at the time they created the will, trust, or other legal document, the document will be declared void. If a will is voided, the testator’s assets will be distributed according to Alabama’s intestate succession laws. These laws are fairly complex, but surviving spouses, children, and parents generally have the greatest claim to the deceased person’s assets.

Do You Need to Challenge a Will or Trust Based on Mental Incapacity?

Your loved one worked a lifetime for what they have — and they’ve likely spent a great amount of time determining who should inherit their assets. The last thing you want to happen is for those plans to be derailed by mental incapacity.

If you suspect your loved one created or amended a will or other document without fully understanding what they were doing, the Southern Estate Lawyers team is here for you. We’ve helped Alabama citizens navigate the world of estate planning for more than 30 years, and we may be able to assist you, too.

Are you concerned about a late loved one’s mental capacity? Call us at (251) 444-7000 or send us a message online to schedule a consultation.