Can my mother change her Will even though she is under hospice care and heavily medicated for pain?

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Can my mother change her Will even though she is under hospice care and heavily medicated for pain?

Asked on September 26, 2011 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your Mother and her situation.  What you are asking is if she has the wherewith all - not the legal term - to make the changes to her Will at this time in her life.  It would be a challenge to her competancy  - being "of sound mind" as they say.  And she may very well be lucid at times and able to know the "object of her bounty" and effectuate a change in her Will.  But that is something for her attorney to figure out as well as you.  If you believe that she was not then you need to challenge the Will when it is offered for probate.  God luck.


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