1. Detailed Answer

When someone files a claim that a loved one lacks mental capacity, the court may appoint a guardian to handle that person’s affairs. You can take action to challenge a false incompetency claim and protect the estate interests of your family member.

File an Objection to the Guardianship Petition

Under North Carolina law, anyone with an interest can object to a petition for guardianship before the clerk enters an order. A written objection must appear in the clerk’s office before the hearing date. See N.C. Gen. Stat. §35A-117 for petition requirements (ncleg.gov/GS_35A-117).

Gather Medical and Witness Evidence

To rebut a claim of incompetency, collect current neuropsychological evaluations and statements from primary care physicians. Medical declarations should address the testator’s understanding of property and the effect of inheritance. Ask neighbors, friends, or caregivers to provide affidavits describing daily functioning.

Participate Fully in the Guardianship Hearing

During the hearing, present witnesses and medical experts. Cross-examine the petitioner’s witnesses to expose inconsistencies in the incompetency claim. The court bases its decision on clear and convincing evidence. N.C. Gen. Stat. §35A-119 outlines hearing procedures (ncleg.gov/GS_35A-119).

Move to Revoke or Modify Guardianship

If the clerk already appointed a guardian, file a motion under N.C. Gen. Stat. §35A-130 to terminate or modify the guardianship when the ward regains capacity. You must show the ward can manage personal and financial decisions. Link to statute: (ncleg.gov/GS_35A-130).

Contest the Will to Recover Your Inheritance

If a will disinherits you based on a false incompetency claim, file a will contest in the clerk’s office. Grounds include lack of testamentary capacity, undue influence, or fraud. Under N.C. Gen. Stat. §28A-15-1, you must raise these issues within three months after probate qualification of the executor. See N.C. Gen. Stat. §28A-15-1 and the three-month deadline in §28A-15-3.

2. Key Steps to Challenge a False Incompetency Claim and Recover Your Inheritance

• Hire a probate attorney experienced in guardianship and will contests.
• File a timely objection to the guardianship petition under N.C. Gen. Stat. §35A-117.
• Obtain up-to-date medical evaluations and affidavits showing capacity.
• Attend the hearing, cross-examine witnesses, and present your evidence.
• File a motion to terminate or modify an existing guardianship under §35A-130.
• Contest the will within three months under N.C. Gen. Stat. §28A-15-1 and §28A-15-3.
• Gather evidence of undue influence, fraud, or lack of capacity at the time the will was signed.