Is it a legal document if it signed my a patient that under the influence of strong & major narcotic's?
State/Country relating to question: North Carolina
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.It would depend on the document. Different types have different standards. Wills, for example, only require a basic understanding of one's assets and the natural objects of their affection for there to be testamentary capacity. One can be under the influence of pain medication and still have testamentary capacity.LawGuy41100.9950555208
What about a living will and beneficeries to 401K's?
Being under the influence of painkillers would not, as a general rule, in and of itself, invalidate the living will or change of beneficiary. However, it may if it could be shown that the patient was not fully conscious or aware at the time. That would require medical testimony.
If you are name as a beneficiary for a 401K can that be changed without your signature?
It depends on the terms of the account. However, most require the consent of a spouse to remove that person.
I'm not is spouse I am his fiance, Care giver & best friend. Plus he didn't sign it in front of the HR person at his company.
Unfortunately, a fiance has no inherent right to determine the beneficiary of the 401k.If the terms require the change of beneficiary to be signed before an HR rep, then you may have a valid challenge to the change.
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