Question

In the State of Arizona, who can determine the mental capacity of a grantor when it comes time to transfer, sell or deed real property?

a.Special Counsel
b.Grantor Attorney
c.Heirs to the Grantor
d.Courts

Answer 1

The determination of a grantor's mental capacity in Arizona is generally made by the courts. Legal proceedings are used to evaluate evidence with potential input from medical experts.

Step-by-step explanation:

In the State of Arizona, the determination of a grantor's mental capacity, especially when it pertains to the transfer, sale, or deeding of real property, is typically made by the courts.

Any challenge to a grantor's mental capacity will usually involve legal proceedings where evidence is presented and evaluated. In some cases, medical professionals may also be consulted to provide expert testimony regarding the grantor's mental state.

It is not the role of the grantor's attorney, special counsel, nor the heirs to the grantor to solely determine mental capacity, although they can raise concerns which could lead to a court evaluation.