Legal Question in Wills and Trusts in Colorado
Defining Treating Physician vs Nurse Practitioners
I am an interested party mentioned by name in a Will. A provision of the Will required that the interested parties attend the funeral, or they would forfeit their part of the estate.
In addition the provision said that if they did not attend the funeral they could provide a letter from a ''treating physician'' within 45 days following her passing.
One of the parties that did not attend was given distribution, and when the estate's attorney was questioned he provided a letter addressed to the Personal Representative.
The letter was dated, but there was not any official date as a US Postmark provided by the attorney.
Also the letter was from a nurse practitioner, rather than what was specified in the Will ''treating physician''.
Questions:
1. Can a nurse practitioner be subtituted for a treating physician for the purpose mentioned above?
2. Is a postmark or other official mark required to support the date of the letter?
Appreciations
1 Answer from Attorneys
Re: Defining Treating Physician vs Nurse Practitioners
Actually, there are not enough facts to answer this question. A nurse pratitioner may be licensed for certain activities, but usually requires the written orders of a physician. Whether or not the letter has a postmark goes to the weight of the evidence and is not disqualifying by itself.
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