If a person is already ill and cannot make his own decision for a living Will, can the children of said person do so?

Asked on October 25, 2013 under Estate Planning, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If he cannot create a will because he has been rendered incompetent and not of sound mind, then the children would need to get a court order to become guardian or something similar and would have to wait until he passes to administer the estate. A will in this situation would not be the directive of the individual unless he is still of sound mind and the people who create the will would not be the ones who would take under the will.


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