My brother is a paranoid-schizophrenic. I don't think he's ever been declared 'mentally-incompetent' by a court, although he's been involuntarily committed to a psych hospital a couple of times.
I am his sole living relative, caregiver and have power-of-attorney. I'm not his guardian, nor do I have medical 'power-of-attorney' (That's the wrong terminology, but anyway, you know what I mean...I don't have medical directives from my brother.)
I've put most, if not all, of our property in both our names. Investments are registered JWROS. Cars are in both our names. Our home is joint tenancy WROS. I plan to leave everything to him in my will. I might even set up a trust, although my assets aren't that great.
Will it all go through probate anyway, because he's mentally disabled, if I die first?
And if he dies first--likely because he's my older brother and a smoker--will his will have any force if the court knows he was not of 'sound mind'?