When mental competency is an issue, the healthy spouse, or a relative or guardian of the sick spouse, must file at any time before either spouse dies. (divorcesource.com)
The criminal justice system will have to determine the specific motives and mental competency of Loughner, but Scientific American interviewed Marco Iacoboni, a University of California, Los Angeles, professor of psychiatry and biobehavioral sciences and director of the school's Transcranial Magnetic Stimulation Laboratory, about why some individuals act on their violent thoughts whereas others do not. (scientificamerican.com)
But he has passed several mental competency tests, says the WSJ, one just a month ago. (fortune.com)