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vegydoc - Court’s Holding Yes the guardian’s son can by...

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Professor L. Joel LGL 103. Ligia Halvorsen Case name and citation: State v. Leonard J. Frisch JR, 250 N.J. Super . 438 (Law Division 1991) Procedural History: The plaintiff guardian filled a petition for plenary hearing asking the court to declare her son competent to execute a will. Previously the court had declared her son incompetent. Facts: The guardian’s son was declared,” Physically and mentally incompetent,” after an accident that left him severely injured. The plaintiff guardian alleges that her son has mental competency and is capable of executing a will and that her son was aware of his family, and has long-term and short term memory responses. Legal Issues: Can the guardian’s son prove that he has testamentary capacity?
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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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