NationStates Jolt Archive

So, I have a legal questions for the lawyers here. I've been sick for the past few days what seemed like symptoms of either kidney infection or renal failure. Turns out, I just need to drink more fluid, and I have the flu, go figure.

Anyways, I looked at my living will, that gives my brother and best friend my legal power of attorney and my sister-in-law my medical power of attorney. It also outlines my wishes for what happens if I become indisposed, which is basically give me six months to get better, if I'm not better in six months, pull the plug and stop the antibiotics. I created this living will after the whole Terri Schiavo incident.

Anyways, my legal question is this. Can another family member contest my living will in court and get it revoked, or will the signatures of my best friend, brother and sister-in-law (as well as mine), will be enough to hold up in court?

If the signatures not enough, then what will make it hold up in court?

Sorry, but I can't really help you.

First, your question is well outside my areas of expertise, so I don't really know the answer.

Second, I wouldn't be comfortable handing out legal advice over the web anyway. Arguing the law is one thing, counseling someone is a different matter.

Here (http://estate.findlaw.com/estate-planning/living-wills/) is a good source of information about living wills. Maybe it can help.

But the best advice I can give you is to consult an attorney with relevant expertise.

EDIT: I forgot to say I am glad that you are feeling better and that your problem turned out not to be as serious as you feared. Still the flu sucks.

EDIT2: I can add one other thing to my advice to consult a local attorney: DON'T accept any other advice posted in these forums.

So, I have a legal questions for the lawyers here. I've been sick for the past few days what seemed like symptoms of either kidney infection or renal failure. Turns out, I just need to drink more fluid, and I have the flu, go figure.

Anyways, I looked at my living will, that gives my brother and best friend my legal power of attorney and my sister-in-law my medical power of attorney. It also outlines my wishes for what happens if I become indisposed, which is basically give me six months to get better, if I'm not better in six months, pull the plug and stop the antibiotics. I created this living will after the whole Terri Schiavo incident.

Anyways, my legal question is this. Can another family member contest my living will in court and get it revoked, or will the signatures of my best friend, brother and sister-in-law (as well as mine), will be enough to hold up in court?

If the signatures not enough, then what will make it hold up in court?

Renal failure? Such an optimist. :tongue:

The way I understand it (as a friend of a nurse, not as a lawyer), the whole Terry Schiavo mess was only possible because she didn't have a living will and the families told different stories about what she wanted. If you already have a living will, and your local hospital(s) have copies, you're fine. I don't think you even needed more than one witness to begin with.

Agree with TCT, arguing law is one thing, actually giving legal advice is another. It's not my area, and even if it were, ethical considerations preclude giving an "off the cuff" answer without research. Frankly, I haven't touched wills and estates since my bar exam.

As for a general proposition, if my memory is correct, any testamentary document can be contested on a claim that it failed to either meet the legal requirements to be enforceable, or the signer lacked legal capacity. As to what those elements are in your state, and what those legal standards are, I haven't a clue.

The person who WOULD have a clue is a lawyer in your area who specializes in that sort of thing. I'd imagine writing a legal living will isn't something terribly expensive to do.

Go see a lawyer in your jurisdiction. These sort of matters are inexpensive. I charge $70 for a living will.

anything can be contested.

you should talk with your parents and let them know what your wishes are in case of such a terrible thing happening. talk to them until they understand it and agree that it is a reasonable decision on your part. this will make them far less likely to ever try to override your clearly outlined wishes in their grief over the possibility of losing you.

well, given that i dont know how crap the great legal process in your country is, but based on what law I know, [and working in a form of law enforcement helps], my understanding is that you living will can only be openly contested if you were deemed mentally incapable when you wrote it, and not forced into anything [duress]

If you were mentally 100% when you wrote your will, and not under any form of outsider influence, most lawyers will simply accept that things are as they are written


the only exceptions to the normal standards of making wills are special circumstances, where a person who dies without a will could make one up on the spot, such as a person dying in a hospital can tell a doctor, or a soldier who dies on the battlefield, in these cases if i remember correctly that person just needs several others to witness the verbal will