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Can I probate changes in someone's will if they an unable for health reasons to leave their home? Would I need power of atty?
Anonymous5 views3 answers
I sit with a elderly cousin weekly. He has stage 4 COPD. I pay his bills, handle his banking, etc.. He has asked me to help him revise his will. Apparently it is not very specific in regards to his estate. He has 5 grown children and doesn't seem to think they will stand together in his final days,and wants some changes made in the wording. Since he cannot leave his home for any length of time; is there a way I can legally have a new document made for him? He also want me to help him with his medical issues including but not limited to a living will. I am a little overwhelmed and don't want to do anything that is not supported by legal accuracy.
You will not be able to change his will with a Power of Attorney, he must get a will done in writing, signed by him and witnessed by 2 people. If you were to change his, the will could be challenge by his children for undue influence.
You need to hire an attorney to come to his house, meet with him and find out what his wishes are and then come back and witness him signing the will.
You should not be present at any time during the meetings or the signing if you are going to be a beneficiary of the will.
If he has changes he wants to make, he can hire a lawyer to make them - many lawyers will make house calls and set up the signing/witnessing/notary to come to the home. I would advise you to not insert yourself into this situation too much because sometimes families get suspicious of these types of things.
Have your cousin contact the lawyer or law firm that did his current will. They would be familiar with him - or at least have a file on him - and probably could make the changes easier than a newly hired lawyer. Many probate attorneys visit elderly clients in their homes and bring along secretaries or law clerks to witness the will. They'll do a living will/health care power of attorney too. Good luck.
