Can a Living Will Be Contested?

Understanding Living Wills

Definition and Purpose

A living will, also known as an advance directive, is a legal document that outlines an individual’s wishes regarding medical treatment in the event they become unable to make decisions for themselves due to illness or incapacity. This document typically addresses issues such as life support, organ donation, and pain management.

Difference between Living Wills and Last Will and Testament

It is essential to distinguish between a living will and a last will and testament. A living will deals with medical care and treatment preferences, while a last will and testament handles the distribution of assets and property upon the individual’s death.

Grounds for Contesting a Living Will

Undue Influence

A living will can be contested if there is evidence that the individual was subjected to undue influence when creating the document. Undue influence occurs when someone manipulates or coerces the individual into making decisions that do not genuinely reflect their wishes.

Lack of Capacity

Another ground for contesting a living will is if the individual lacked the mental capacity to make informed decisions when creating the document. This can occur if the person was suffering from a cognitive impairment such as dementia or Alzheimer’s disease.

Improper Execution

Lastly, a living will can be contested if it was not executed according to the legal requirements. These requirements vary by state but generally include having the document signed, witnessed, and notarized.

How to Contest a Living Will

Steps in Contesting a Living Will

Consult with an experienced trust and probate litigation attorney.
Gather evidence to support your claim.
File a petition with the appropriate court.
Attend any necessary hearings or court proceedings.

The Role of Hess-Verdon & Associates

At Hess-Verdon & Associates, our experienced team is committed to delivering comprehensive, results-oriented legal counsel. With over three decades of experience in estate planning, business, and commercial litigation, we have the expertise to guide you through the process of contesting a living will. Our unparalleled estate planning knowledge, dependability, and sophistication in trust and probate litigation make us the go-to choice for trustees, beneficiaries, business entities, and real estate partners. Our extensive background in trial preparation, strategy, and presentation ensures that we can advocate for your interests effectively.

Conclusion

Contesting a living will can be a complex and emotionally challenging process. However, if you have valid grounds and follow the appropriate legal procedures, it is possible to contest a living will. With the help of Hess-Verdon & Associates, you can navigate this process with confidence and ensure your loved one’s true wishes are respected. Call us today at 1-888-318-4430 for assistance.

FAQs

1. What is the difference between a living will and a last will and testament? A living will addresses medical care and treatment preferences, while a last will and testament handles the distribution of assets and property upon the individual’s death.
2. Can a living will be contested on the grounds of fraud? Yes, if there is evidence that the living will was created or altered fraudulently, it can be contested.
3. How long do I have to contest a living will? The time frame for contesting a living will varies by state. Consult with an experienced trust and probate litigation attorney to learn the specific deadlines in your jurisdiction.
4. Can I contest a living will if I am not a family member? Typically, only individuals with a direct interest in the outcome of the case, such as family members or beneficiaries, can contest a living will. However, in some situations, other parties with a legitimate interest may also contest the document.
5. Do I need a lawyer to contest a living will? While it is possible to contest a living will without legal representation, it is highly recommended that you consult with an experienced trust and probate litigation attorney to ensure the best possible outcome.