Can a living will be overruled by someone else's decision?

Question

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?

Answer 1

The living will, especially prepared as you described, would be upheld. As mentioned above, only if, at its formation, the person writing the will was not mentally capable of making rational decisions or was coerced to write it in a certain fashion, would the will ever be overruled. In the majority of cases where people contest a living will, they lose.

Answer 2

Assuming the person was in their right mind when they signed the Living Will and the witnesses were valid then this would be a valid testament to the signer's wishes. It wouyld be very difficult to contest.

Answer 3

A living will can always be overruled by a competent next of kin, I'm pretty sure.

Answer 4

You have to, also, have a Healthcare Power of Attorney. That will assign a person of you choice to be the "last word" if someone were to try and over-ride your Living Will.

Answer 5

The court is suppose to, but people can always contest it

Answer 6

only if another person can prove the will was signed under duress or that the person was insane when they signed it

Answer 7

Where there's a will, there are always distant cousins!

Answer 8

yup the big man, BILLY