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Last will and testament

wewva
wewva Member Posts: 1 Member
My mother was diagnosed with Alzheimers about 5 years ago. It has been a challenging 5 years. She is now in Memory Care and seems to have lost most of her memory. She is clearly not able to make any legal decisions on her own. About 12 years ago, she made a will. She was most likely of sound mind at that time. In her will, she stated that she wants all necessary measures performed to save her life if needed. This is in her hospital record.
I am certain that she would no longer want all necessary measures performed to continue living in a 95 lb body that cannot function as it did 12 years ago.
We are trying to figure out if we need to go to an attorney to get this taken out of her will.
My Dad has Power of Attorney but we are not sure if his authority can override what is stated in her will when she made the will when she was of sound mind.
Has anyone else dealt with this issue? How did you handle it?
Thanks for your advice.
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Comments

  • M1
    M1 Member Posts: 6,701
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    I'm no legal eagle, but i don't know that medical wishes belong in a last will and testament. The will will have to be probated and executed after her death, so medical wishes expressed in it are moot at that point. I'll be interested in what others say on this subject. Honestly I'd use your own best judgement. I would carefully read any power of attorney documents, those would be more binding in this situation than a will i think.

  • Quilting brings calm
    Quilting brings calm Member Posts: 2,398
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    edited May 16

    I agree with M1. Medical decisions should not be in a will as it doesn’t take affect until after death. You might mean what is referred to as a ‘Living Will’. It’s otherwise referred to as an Advance Directive. The internet says that her medical team could override a Living Will in accordance with current reasonable medical care practices.

    I suggest calling Hospice in and seeing what they say.

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more