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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33803
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Is there any way to reverse a libing will if the person has

Customer Question

Is there any way to reverse a libing will if the person has Alzheimer?
Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Was the living will made prior to the person being diagnosed with Alzheimer's?.Has the person now been declared medically or legally incompetent by their doctors or a judge?.Do they have periods of lucidity where they know what is going on around them?..thanksBarrister
Customer: replied 7 months ago.
No Yes by Dr only not really
Expert:  Barrister replied 7 months ago.
Ok, then if the person has been declared medically incompetent, then they can't revoke the living will themselves..If someone wanted to challenge it they would have to file a probate court action against the holder of the living will power and prove that the person was medically incompetent at the time that they signed the living will. If so, then the judge can throw it out. .However, someone could still file a petition for guardianship over the person and be appointed their legal guardian in court in a surrogate court proceeding. The guardian would then be in control over the person's care and finances and could revoke any living will...thanksBarrister

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