Legal Question in Wills and Trusts in California
My Husbands Grandfater had a stroke Friday, we took him to the hospital Friday evening and checked him in, afetr we left he left the hospital before receiving treatment. He refuses to go back to the hospital and wont take the blood thinners prescribed to him by the ER doctor, as of this morning his condition has worsened and he still refuses medical help. He has limited mobility and as far as we can tell is still in control of his mental facaulties, and his pain is minimal, but his progression is worsening. We have a ruff draft of his last will and testament that we have yet to finalize and need to do so before he is considered mentally unsound. And since our resources are limited on a Sunday I can't get ANY help anywhere. What can we do to legalize a will on our own?
1 Answer from Attorneys
If the entire Will is in his handwriting, with absolutely no typing or writting from anyone else on the pages, then it is a valid Will. Otherwise, you need two witnesses to sign and date the Will. Your should also have him state that he is in some relatively minor pain and fully aware of the medical choices he has made and does not suffer from any mental deficit and is fully aware of his surroundings and the effects of his Will. Have several witnesses who know him and who are now in contact with his sign declarations that he wa mentally fine, although very stubborn as to gettin;g medical treatment.
Do not force him to write anything he does not want to. Let the Will be in his words not yours.
Point out to him that while he may not care if he lives or dies,others do and will be very unhappy to see him die. If he thinks it is his time to die, how does he know until he tries to live? One can call an ending to be faith only if you try to change the ending.
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