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Challenging powers of attorney for incapacitated people

An issue that sometimes comes up in Nevada is when people are incapacitated at the time they change their will or name another as the executor of their estate. When this happens, family members may challenge the validity of the will through the court.

If the person is still alive and the other person is preventing access, family members may petition the court to challenge their loved one's mental capacity. The court may then hold a hearing on the issue and appoint someone else to act as the incapacitated person's conservator rather than the one who is trying to take advantage.

It may be a good idea for suspicious family members to first visit their loved one. If it seems as if they are truly making the decision on their own and without being influenced or coerced by the other person, then family members may want to respect their wishes. If not, however, filing petitions with the court to challenge what is happening is easier to prove when the person is still living rather than after they have passed away.

Powers of attorney may be granted by people so that if they become incapacitated, the person having the authority may then make the important financial and health decisions for them. People who want to name someone who will be their attorney-in-fact in the event they are no longer able to make those decisions may want to get help from an estate planning lawyer. This may help the document stand up in court if it is later challenged by other family members.

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