After someone writes his/her living will, and signs it in the presence of witnesses, must the courts always uphold this person's wishes, or is there always someone else who has the final say even if it goes against the writer's wishes?
2006-07-11 14:37:10 · 6 answers · asked by SADFHorde 5 in Politics & Government ➔ Law & Ethics
Each state has its own requirements for making a living will (aka advanced medical directive), which may or may not be the same formalities for making a testamentary will.
Wills of either type can be challenged if the formalities are not observed, or if the person making the document lacks the proper mental capacity. But, as noted above, this is difficult to convince a court.
2006-07-11 15:21:58 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
the living will is the last testament of the person who has had it drawn up. anyone can contest the will. BUT in 99% of the wills the law cant change the will because its the solicitor who is instructed to draw up the will to let everyone know what they wanted after there death. so the will has to be written within the law to make it legal.
2006-07-11 14:55:41 · answer #2 · answered by KATIEKAT 4 · 0⤊ 0⤋
There can be long drawn out legal battles , just over a few extra pennies , and a judge can rule as he sees fit. the only ones who ends up with the cash is the leach lawyers.
2006-07-11 14:42:04 · answer #3 · answered by Scott c 5 · 0⤊ 0⤋
As long as it is a legally executed will, and the person can not be proven to have been of un-sound mind at the time the document was signed, the will prevails, as far as I have ever heard.
Peace!
2006-07-11 14:42:59 · answer #4 · answered by carole 7 · 0⤊ 0⤋
Yes it can. Make your wishes known and make copies of L.W. to give to your family, your doctor and any hospital that you are a patient.
2006-07-11 14:45:10 · answer #5 · answered by Joyce D 4 · 0⤊ 0⤋
Yes and there frequently are. What you should look into is establishing a Trust instead.
2006-07-12 02:41:02 · answer #6 · answered by Rosemary A 2 · 0⤊ 0⤋