The legal term ‘of sound mind‘ has very important ramifications with regard to legal documents such as a Will, Trust or Powers of Attorney. In fact, being ‘of sound mind’ is necessary in order to sign any legal document.
The concept ‘of sound mind‘ means that the person who is signing a legal document knows what he/she is doing and understands what it means legally. An Attorney will determine if the person is ‘of sound mind’ by speaking with him/her privately. If the Attorney determines that the person is confused and does not understand why they are meeting with the Attorney, then legal documents or any legal contract cannot be signed.
When an individual wants estate planning documents, but is not ‘of sound mind’, family members or friends may need to file a ‘conservatorship‘ which would allow others to make healthcare or financial decisions on the individual’s behalf.
It is important to speak with an attorney about estate planning goals BEFORE the issue ‘of sound mind‘ becomes important. Too often people avoid seeking legal advice until it’s too late. A conservatorship, if needed, is costly and time-consuming.
Legal Action Workshop has more than 35 years’ experience with Estate Planning documents as well as Probate issues. If you want answers to questions and need an experienced Estate Planning Attorney, give us a call @ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .
what if I was not sound and mind which i can defiantly prove and my soon to be ex had me sign myself out an early pension and made himself beneficary i have a 33 year old son from a previous marriage who is beneficary to all my policies and power of attorney anyone that knows me knows my son would have been first he said it was not his handwriting then he said i told him to which his name would have never been beneficary so I knew he tood advantage of so now I am in the middle of an appeal with my pension coming. I was a single parent I worked 70 hours a week I would of never done that I am on ssdi. Is it against the law what he did
Lynn,
Part of your divorce (depending on the time period you were married) may include a division of your 401K or pension as these are considered community property in California. Your spouse may have coerced you to take your pension early and it sounds like this is not what you wanted to do. As you are already appealing this…you will see what the judge will rule based on the evidence. You can change the beneficiary on your pension once the divorce is over. You can also change the person appointed on your power of attorney. A beneficiary is the person who will receive assets when you pass away.
Hope this helps!
I never wanted this marriage from the start this scummy guy trapped me, did by having me have a kid having a kid is one thing but not with this scummy guy I had my own life, free now trapped like a prisoner , also was not of sound mind from the start a forced marriage .was brought on me a life time death penalty here trapped
Kathy,
You still could divorce if you wish. You would address custody, visitation and support for the child as well as any other issues you may have. If you would like some help, please call us @ 818-630-5503.
Thank you for contacting Legal Action Workshop!
My girlfriend and I have been living together in my house for 8 years. We are both divorced and have children. She is 68 and we went to make her will, as she doesn’t have one. She has been having cognitive and memory issues over the past few years, getting worse. The lawyer determined that she was not of sound mind and could not do the will.
What do we do now? We live together in my house but we do own a condo together? what do we do?
The best thing to do is to speak with a ‘conservatorship’ attorney who would explain what is needed. When a person is not ‘of sound mind’ he/she cannot sign a legal document. In this case another person would make the decisions and sign documents on her behalf. Do you think that the other family members would object to you being her conservator? This would have to be worked out with other family members like her children. We do not do conservatorships.
You should be able to find an attorney in your area who can help you!
Best wishes!