Unformatted text preview: Court’s Holding: Yes, the guardian’s son can, by meeting the statutory test for mental competency. Court’s reasoning: The court examined the evidence that was presented. The court heard the expert witness testimony Dr. Mahon who was found to be qualified as a psychologist. The court concluded that the guardian’s son met the statutory test for mental competency and had testamentary capacity. The current state law in N.J.S.A . 3B:12-27 reveals that before an individual who has previously been declare incompetent and wants to execute a will, there must first be a judgment adjudicating his return to competency....
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- Spring '08
- mentally incompetent, Incompetence, plaintiff guardian