Can you declare someone incompetent, then have him sign his property over?

My sister had my dad declared unfit to handle his social security check. Then she

had someone notarize him signing his property over to her.

Asked on September 7, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No...only people that are mentally competent can transfer property.  If your dad was unfit mentally, then he could not sign a document granting ownership of property to anyone else, including your sister.  You can call Adult Protective Services or seek a guardianship of your dad's estate, demand return of the property, and then have someone appointed to look after you dad's financial interests.

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