CHAPTER 6
 

PROCEEDINGS INVOLVING
INCAPACITATED PERSONS

 

 
 
 
 

F.

Effect of Determination of Incapacity
     
Legal title to all property remains in the incapacitated person, subject, however, to all powers granted to the guardian by law and by Court decree. See PEF Code §302. The incapacitated person is legally incapable of making a contract, gift, or any instrument in writing in those specific areas in which the person has been found to be incapacitated. See PEF Code §5524. The incapacitated person may make a will, but the burden of proof is on the proponent of the will to show its validity. See Lanning Will, 414 Pa. 313 (1964).
 

 


 
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