Legal Question in Elder Law in Illinois

My wife will donate her kidney to me (her husbad) when i may need it, it could be now or 10 years from now.The problem is she was just diagnosed with alzheimers. Will i need a legal form now to insure that her wishes will be approved in the future when can't make that decision?


Asked on 1/06/10, 11:32 am

1 Answer from Attorneys

Depends on the legal sufficiency of the paperwork that make the donation. Take it to an attorney who does things like probate work, because if this is in the nature of an advance directive or living will, there may be limitations. If it is not legally sufficient, yes with documented alzheimer's she may not have the legal capacity to redo the "donation" at this time. There are several factors that make it important enough for you to use an attorney's help. The fact that she did attempt to make the donation while capable is helpful.

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Answered on 1/12/10, 12:46 pm


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